40-1-101. Definitions. (a) The term “trademark” as used in this act means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the […]
40-1-102. Marks which cannot be registered. (a) 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 […]
40-1-103. Application for registration; filing fee. (a) Subject to the limitations set forth in this act, any person who uses a mark in this state 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 setting forth, but not limited […]
40-1-104. Examination of application; amendment of application. (a) 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 act. (b) The applicant shall provide any additional pertinent information requested by the secretary, including a description of a design […]
40-1-105. Term of registration; renewals. (a) Registration of a mark is effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for […]
40-1-107. Public record of marks. The secretary shall keep for public examination a record of all marks registered or renewed under this act.
40-1-108. Cancellation of registration. (a) The secretary shall cancel from the register in whole or in part: (i) Repealed By Laws 1997, ch. 112, § 3. (ii) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record and shall receive payment of a […]
40-1-109. Classification of marks. (a) Repealed By Laws 1997, ch. 112, § 3. (b) Repealed By Laws 1997, ch. 112, § 3. (c) The secretary shall by regulation establish a classification of goods and services for marks for the convenience of administration of this act, but not to limit or extend the applicant’s or registrant’s […]
40-1-110. False or fraudulent representations or declarations; liability for damages sustained. 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 under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, orally […]
40-1-111. Civil liability. Subject to the provisions of W.S. 40-1-113 any person who shall (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in […]
40-1-112. Remedies. (a) Any owner of a mark 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 […]
40-1-113. Marks acquired at common law. Nothing in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
40-1-114. Inapplicable to livestock brands, marks or tags. This act shall not be construed to apply to brands, marks or tags on livestock.
40-1-115. Injury to business reputation; dilution. (a) 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, and […]
40-1-116. Powers of secretary of state; filing and other fees. (a) The secretary has the power reasonably necessary to perform the duties required of him by this act including the promulgation of rules and regulations necessary to carry out the purposes of this act. (b) The secretary shall set and collect filing, service and copying […]
