548.101 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Abandoned” means the occurrence of any of the following in relation to a mark: a. The use of the mark has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two […]
548.102 Registrability. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if the mark meets any of the following criteria: 1. Consists of or comprises immoral, deceptive, or scandalous matter. 2. Consists of or comprises matter which […]
548.103 Application for registration. 1. Subject to the limitations set forth in this chapter, a person who uses a mark may file in the office of the secretary, in the manner which will comply with the requirements of the secretary, an application for the registration of that mark setting forth, but not limited to, all […]
548.104 Filing of applications. 1. Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter. 2. The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may […]
548.105 Certificate of registration. 1. Upon compliance by the applicant with the requirements of this chapter, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration shall be issued under the signature and seal of the secretary. The certificate of registration shall show the name and business address […]
548.106 Duration and renewal. 1. A registration of a mark under this chapter shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of the term, in a manner complying with the requirements of the secretary, the registration may be […]
548.107 Assignments, changes of name, and other instruments. 1. A mark and its registration under this chapter is assignable with the goodwill of the business in which the mark is used or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be by […]
548.108 Records. The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded pursuant to section 548.107. 94 Acts, ch 1090, §8
548.109 Cancellation. The secretary shall cancel from the register, in whole or in part, any of the following: 1. A registration concerning which the secretary receives a voluntary request for cancellation from the registrant or the assignee of record. 2. A registration granted under this chapter and not renewed in accordance with this chapter. 3. […]
548.110 Classification. The secretary shall by rule establish a classification of goods and services for convenience in the administration of this chapter, but not 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 which, or services with which, the mark […]
548.111 Fraudulent registration. A person who, either on the person’s own behalf or on behalf of any other person, procures the filing or registration of a mark in the office of the secretary under this chapter by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent […]
548.112 Infringement. 1. Subject to section 548.116, a person shall not do any of the following: a. Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with the sale, distribution, offering for sale, or advertising of any goods or services on […]
548.113 Injury to business reputation — dilution. 1. The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another’s use of a mark, commencing after the owner’s mark becomes famous, which causes dilution of the distinctive quality of the owner’s mark, […]
548.114 Remedies. 1. The owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark and any court may grant injunctions to restrain such manufacture, use, display, or sale as the court deems just and reasonable, and may […]
548.115 Forum for actions regarding registration — service on out-of-state registrants. 1. Actions to require cancellation of a mark registered pursuant to this chapter shall be brought in district court. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the […]
548.116 Common law rights. This chapter shall not adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. 94 Acts, ch 1090, §16 Referred to in §548.112
548.117 Fees. The secretary shall by rule adopted pursuant to chapter 17A prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable pursuant to this chapter are not refundable. 94 Acts, ch 1090, §17
