§78-101. Short title.

This act shall be known and may be cited as the “Truth in Music Advertising Act”. Added by Laws 2009, c. 105, § 1, eff. Nov. 1, 2009.

§78-102. Definitions.

As used in this act: 1. “Performing group” means a vocal or instrumental group seeking to use the name or another group that has previously released a commercial sound recording under that name; 2. “Recording group” means a vocal or instrumental group at least one of whose members has previously released a commercial sound recording […]

§78-103. Advertising or conducting live musical performance or production using false, deceptive, or misleading affiliation, connection or association between performing and recording group – Exceptions.

It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. This section does not apply if any of the following apply: 1. The performing […]

§78-104. Injunctions.

A. Whenever the Attorney General or a district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of Section 3 of this act and that proceedings would be in the public interest, the Attorney General or district […]

§78-105. Civil penalty.

A person who violates Section 3 of this act shall be liable to the State of Oklahoma for a civil penalty of not less than Five Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars ($15,000.00) per violation, which civil penalty shall be in addition to any other relief which may be granted under Section […]

§78-21. Definitions.

(A) The term “trademark” as used herein means any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold or services rendered by him and to distinguish them from goods made or sold or services rendered by others. (B) The term “person” as […]

§78-22. Registrability.

A trademark by which the goods or services of any applicant for registration may be distinguished from the goods of others shall not be registered if it (a) consists of or comprises immoral, deceptive or scandalous matter; or (b) consists of or comprises matter which may disparage or falsely suggest a connection with persons, living […]

§78-23. Application for registration.

A. Subject to the limitations set forth in this title, any person who adopts and uses a trademark 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 trademark setting forth, but not limited to, […]

§78-24. Certificate of registration.

Upon compliance by the applicant with the requirements of this act, 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 the state, and it shall show the […]

§78-25. Duration and renewal.

A. Registration of a trademark pursuant to the provisions of this title shall be effective for an initial term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, on a form to be furnished by the Secretary of State, the […]

§78-26. Assignment.

Any trademark and its registration shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. Assignment shall be by instruments in writing duly executed and may be recorded […]

§78-27. Records.

The Secretary of State shall keep for public examination a record of all trademarks registered or renewed under this act. Laws 1959, p. 371, § 7.

§78-28. Cancellation.

A. The Secretary of State shall cancel from the register: 1. After one (1) year from the effective date of this act, all registrations under prior acts which are more than ten (10) years old and not renewed in accordance with this act; 2. Any registration concerning which the Secretary of State shall receive a […]

§78-29. Classification.

The following general classes of goods and services are established for convenience of administration of this act, but not to limit or extend the applicant’s or registrant’s rights, and a single application for registration of a trademark may include any or all goods upon which or services with which the trademark is actually being used […]

§78-30. Fraudulent registration.

Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any trademark 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 other fraudulent means, shall be […]

§78-31. Infringement.

Subject to the provisions of Section 13 hereof, any person who shall (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this act in connection with the sale, offering for sale, or advertising of any goods on or in connection with which such use […]

§78-32. Remedies.

Any owner of a trademark registered under this act 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 court deemed just and reasonable, […]

§78-33. Common law rights.

Nothing herein shall adversely affect the right or the enforcement of rights in trademarks acquired in good faith at any time at common law. Laws 1959, p. 373, § 13.

§78-51. Citation.

This act may be cited as the Oklahoma Deceptive Trade Practices Act. Laws 1965, c. 234, § 1.

§78-52. Definitions.

As used in this act, unless the context otherwise requires: 1. “Article” means a product as distinguished from a trademark, label, or distinctive dress in packaging; 2. “Certification mark” means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, […]