87-126 – Act, how cited.

87-126. Act, how cited. Sections 87-126 to 87-144 shall be known and may be cited as the Trademark Registration Act. Source Laws 2000, LB 626, § 1.

87-127 – Intent.

87-127. Intent. It is the intent of the Legislature that the Trademark Registration Act provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the federal Trademark Act of 1946, as amended. To that end, the construction given the federal act should be examined […]

87-128 – Terms, defined.

87-128. Terms, defined. For purposes of the Trademark Registration Act: (1) Abandoned mark means that either of the following has occurred: (a) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall constitute prima facie evidence of […]

87-129 – Mark; not registered; when.

87-129. Mark; not registered; when. 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 it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage or falsely […]

87-130 – Application for registration; contents.

87-130. Application for registration; contents. Subject to the limitations set forth in the Trademark Registration Act, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark including, but not limited to, the following information: […]

87-131 – Application; fee; examination; disclaimer; amendments; reapplication; application priorities.

87-131. Application; fee; examination; disclaimer; amendments; reapplication; application priorities. (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 the Trademark Registration Act. (2) The applicant shall provide any additional pertinent information requested by the secretary including a […]

87-132 – Certificate of registration; contents; how treated.

87-132. Certificate of registration; contents; how treated. Upon compliance by the applicant with the requirements of the Trademark Registration Act, the secretary shall return the duplicate copy of the application stamped with the filing date to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of […]

87-133 – Registration; term; renewal; renewal fee; prior registration and proceedings.

87-133. Registration; term; renewal; renewal fee; prior registration and proceedings. (1) A registration of a mark under the Trademark Registration Act is effective for ten years after the date of registration and, upon application filed within six months prior to the expiration, in a manner complying with the requirements of the secretary, the registration may […]

87-134 – Registration; assignment; change of name; other recordings; fees.

87-134. Registration; assignment; change of name; other recordings; fees. (1) Any mark and its registration under the Trademark Registration Act 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 […]

87-135 – Public records.

87-135. Public records. The secretary shall keep for public examination a record of all marks registered or renewed under the Trademark Registration Act, as well as a record of all documents recorded pursuant to section 87-134. Source Laws 2000, LB 626, § 10.

87-136 – Cancellation from register.

87-136. Cancellation from register. The secretary shall cancel from the register, in whole or in part: (1) Any registration concerning which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) All registrations granted under the Trademark Registration Act and not renewed in accordance with the act; […]

87-137 – Classification of goods and services; rules and regulations.

87-137. Classification of goods and services; rules and regulations. The secretary shall adopt and promulgate rules and regulations which establish a classification of goods and services for convenience of administration of the Trademark Registration Act, but such rules and regulations shall not limit or extend the applicant’s or registrant’s rights and a single application for […]

87-138 – Fraudulent representation; liability.

87-138. Fraudulent representation; liability. Any person who for himself or herself, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the Trademark Registration Act by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other […]

87-139 – Unauthorized use; liability.

87-139. Unauthorized use; liability. Subject to section 87-143, any person who (1) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under the Trademark Registration Act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection […]

87-140 – Famous mark; factors; remedies.

87-140. Famous mark; factors; remedies. (1) The owner of a mark which is famous in this state is entitled, subject to the principles of equity and upon such terms as the court seems reasonable, to an injunction against another person’s commercial use of a mark or trade name, if such use begins after the mark […]

87-141 – Injunction; damages; attorney’s fees.

87-141. Injunction; damages; attorney’s fees. Any owner of a mark registered under the Trademark Registration Act may enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as the court determines to be […]

87-142 – Cancellation or registration of mark; action; procedure.

87-142. Cancellation or registration of mark; action; procedure. (1) Actions to require cancellation of a mark registered pursuant to the Trademark Registration Act or in mandamus to compel registration of a mark pursuant to the act shall be brought in the district court of Lancaster County. In an action in mandamus, the proceeding shall be […]

87-143 – Common law; construction of act.

87-143. Common law; construction of act. Nothing in the Trademark Registration Act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. Source Laws 2000, LB 626, § 18.

87-144 – Fees; not refundable.

87-144. Fees; not refundable. Unless specified by the secretary, the fees payable under the Trademark Registration Act are not refundable. Source Laws 2000, LB 626, § 19.

87-208 – Terms, defined.

87-208. Terms, defined. As used in sections 87-208 to 87-219.01, unless the context otherwise requires: (1) Applicant means a person filing an application for registration of a trade name under such sections or his or her legal representatives, successors, or assigns; (2) Person means an individual, corporation, government or governmental subdivision or agency, business trust, […]