Section 8-12-10 Duration and renewal of registration; renewal fee. (a) Registration of a mark under this article shall be effective for a term of five years from the date of registration and, if the mark is then still in use, upon application filed within six months prior to the expiration of such term, on a […]
Section 8-12-11 Assignment of mark and registration; fee; recordation and issuance of new certificate; effect of failure to record. Any mark and its registration under this article shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected […]
Section 8-12-12 Records. The Secretary of State shall keep for public examination a record of all marks registered or renewed under this article. (Acts 1980, No. 80-166, p. 236, §7.)
Section 8-12-13 Cancellation. The Secretary of State shall cancel from the register: (1) After one year from January 1, 1981, all registrations under prior acts or informal registration which have not been registered in accordance with this article; (2) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof […]
Section 8-12-14 Classification of goods, services and businesses. (a) The following general classes of goods, services, and business are established for convenience of administration of this article, but not to limit or extend the applicant’s or registrant’s rights , and a single application for registration of a mark may include any or all goods upon […]
Section 8-12-15 Liability for damages sustained in consequence of fraudulent filing or registration. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this article, by knowingly making any false or fraudulent […]
Section 8-12-16 Liability to civil action for infringement. Subject to the provisions of Section 8-12-19, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this article in connection with a business, or with the sale, offering for sale, or advertising […]
Section 8-12-17 Injunctive relief; famous marks. (a) Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person’s commercial use of a mark, if such use begins after the famous mark has become […]
Section 8-12-18 Remedies. (a) Any owner of a mark registered under this article may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the court deemed […]
Section 8-12-19 Common-law rights. Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. (Acts 1980, No. 80-166, p. 236, §14.)
Section 8-12-6 Definitions. As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. The person filing an application for registration of a mark under this article and the person’s legal representative, successors, or assigns. (2) DILUTION. Dilution by blurring or dilution by tarnishment, […]
Section 8-12-7 Registrability. (a) A mark by which the goods, services, or business of any applicant for registration may be distinguished from the goods, services, or business of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage or […]
Section 8-12-8 Application for registration; contents; signature and verification; filing fee. (a) Subject to the limitations set forth in this article, any person who adopts and uses a mark in this state may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application […]
Section 8-12-9 Certificate of registration; issuance; use as evidence. (a) Upon compliance by the applicant with the requirements of this article, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and […]
