350-A:1 Definitions. – I. The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others. II. The term "service mark" as used herein […]
350-A:10 Fraudulent 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 hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any […]
350-A:11 Infringement. – Subject to the provisions of RSA 350-A:13, any person who shall: I. 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, offering for sale, or advertising of any goods or services on or in […]
350-A:12 Injury to Business Reputation; Dilution. – Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law, or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition […]
350-A:13 Remedies. – I. Any 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 thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said […]
350-A:14 Common Law Rights. – Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. Source. 1969, 448:1, eff. Sept. 1, 1969.
350-A:15 Severability. – If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter shall not be affected thereby. Source. 1969, 448:1, eff. Sept. 1, 1969.
350-A:2 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 it: I. Consists of or comprises immoral, deceptive or scandalous matter; or II. Consists of or comprises matter which may disparage or falsely […]
350-A:3 Application for Registration. – Subject to the limitations set forth in this chapter, 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 for registration of that mark setting […]
350-A:4 Certificate of Registration. – I. Upon compliance by the applicant with the requirements of this chapter, 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 the seal of […]
350-A:5 Duration and Renewal. – I. Registration of a mark hereunder shall be effective for a term of 10 years from the date of registration and, upon application filed within 6 months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be […]
350-A:6 Assignment. – Any mark and its registration hereunder 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 with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly […]
350-A:7 Records. – The secretary of state shall keep for public examination a record of all marks registered or renewed under this chapter. Source. 1969, 448:1, eff. Sept. 1, 1969.
350-A:8 Cancellation. – The secretary of state shall cancel from the register: I. After September 1, 1970, all registrations under prior acts which are more than 10 years old and not renewed in accordance with this chapter; II. Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof […]
350-A:9 Classification. – The following general classes of goods and services are established for convenience of administration of this chapter, 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 which, or services with which, the mark […]
