§ 6-2-1. Definitions. As used in this chapter, the following words, unless the context otherwise requires, have the following meanings: (1) “Applicant” means any person filing an application for registration of a mark under this chapter, his or her legal representatives, successors, or assigns; (2) “Mark” means any trademark or service mark entitled to registration […]
§ 6-2-10. Fraudulent registration. Any person who shall for him or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, […]
§ 6-2-11. Infringement. Subject to the provisions of § 6-2-14, any person who shall: (1) Use, without 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 connection with […]
§ 6-2-12. 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 […]
§ 6-2-13. Remedies. 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, and the superior court may grant injunctions to restrain the manufacture, use, display, or sale as may be deemed just and reasonable by the court and […]
§ 6-2-14. Common law rights. Nothing in this chapter shall adversely affect the rights or the enforcement of the rights in marks acquired in good faith at any time in common law. History of Section.P.L. 1975, ch. 89, § 2.
§ 6-2-15. Severability. If any provision of any section of this chapter shall be held invalid, the remainder of the sections and the application of the provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. History of Section.P.L. 1975, ch. 89, § 2.
§ 6-2-16. Termination of prior registrations — Notice. Any registration of trademarks in force on October 1, 1975 shall expire ten (10) years from the date of the registration or one year after October 1, 1975, whichever is later, and may be renewed by filing an application with the secretary of state on a form […]
§ 6-2-2. Application for registration. (a) Subject to the limitations stated in this chapter, any person who adopts and uses a mark may file in the office of the secretary of state, on a form to be furnished by him or her, an application for registration of that mark stating, but not limited to, the […]
§ 6-2-3. Registrability. No person may register a mark if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; (3) Consists of […]
§ 6-2-4. Certificate of registration. (a) 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. (b) The certificate of registration shall be issued under the signature of the secretary of state and the seal of […]
§ 6-2-5. Duration and renewal. (a) Registration of a mark under this chapter shall be effective for a term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of the term on a form to be furnished by the secretary of state, the […]
§ 6-2-6. Assignment. Any mark and its registration under this chapter 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 […]
§ 6-2-7. Records. The secretary of state shall keep for public examination a record of all marks registered or renewed under this chapter. History of Section.P.L. 1975, ch. 89, § 2.
§ 6-2-8. Cancellation. The secretary of state shall cancel: (1) Any registration that the secretary of state shall receive concerning a voluntary request for cancellation from the registrant or the assignee of record; (2) Any registration granted and not renewed in accordance with the provision of this chapter; (3) Any registration that the superior court […]
§ 6-2-9. Classification. The secretary of state shall promulgate rules and regulations for the determination of classes of goods and services for the convenience of the administration of this chapter. History of Section.P.L. 1975, ch. 89, § 2.
