§ 2521. Trademark defined The term “trademark” as used in this subchapter includes any word, name, symbol, or device, or any combination thereof, adopted and used: (1) by a manufacturer or merchant to identify his or her goods and distinguish them from those manufactured or sold by others; or (2) by another person on goods […]
§ 2522. Registration Every person who adopts and uses any trademark for the purpose of designating, making known, and distinguishing any merchandise, goods, wares, or other products of labor, manufactured, produced, compounded, sold, or offered for sale in this State may, subject to the limitations hereafter set forth, file for record in the Office of […]
§ 2523. Certificate of registration; filing fee There shall be paid to the Secretary of State for the filing of such statement a fee of $20.00. The Secretary of State shall deliver to the person filing such statement or causing the same to be filed, a certificate of registration under his or her signature and […]
§ 2524. Duration and renewal Registrations recorded under the provisions of this subchapter shall be effective for 10 years and shall be renewable for like periods upon application to the Secretary of State and payment of the fee specified in section 2523 of this title. Registrants of trademarks recorded hereunder shall be notified by the […]
§ 2525. Assignments Title to any trademark and its registration hereunder may be transferred and assigned to any person together with the goodwill of the business to which such trademark pertains or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Written assignments shall be […]
§ 2526. Applications for registration; classification All applications for registration of a trademark and renewals or assignments thereof shall be on forms prescribed by the Secretary of State. The Secretary of State shall establish classes of merchandise for the purpose of trademark registration, and shall determine the particular descriptions of goods comprised in each class. […]
§ 2527. Suitability for registration (a) The Secretary of State shall not register a trademark that consists of or comprises immoral, deceptive, or scandalous matter; or matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute, or consists of […]
§ 2528. Fraudulent registration Any person who shall for himself, herself, or on behalf of any other person, procure the filing and registration of any trademark by making knowingly and willfully any false or fraudulent representations or declarations, verbally, or in writing, or by any fraudulent means, shall be liable to pay all damages sustained […]
§ 2529. Enjoining use of counterfeits or imitations A person who has adopted and registered a trademark as aforesaid, may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof, and the Superior Court may grant injunctions to restrain such manufacture, use, display, or sale as may be […]
§ 2530. Violations Subject to the provisions of section 2532 of this title, no person shall knowingly and willfully: (1) falsely make, counterfeit, imitate, sell, offer for sale, or in any way utter or circulate any trademark that has been registered in accordance with the provisions of this subchapter; (2) affix to any article of […]
§ 2531. Penalties Subject to the provisions of section 2532 of this title, any person who violates any of the provisions of section 2530 of this title shall be fined not more than $500.00 or imprisoned for not more than one year, or both, and shall be liable to pay all damages sustained in consequence […]
§ 2532. Prior rights Nothing in this subchapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. (Amended 2021, No. 20, § 26.)
