Chapter 06 - Trademark And Service Mark Protection

Chapter 06 - Trademark And Service Mark Protection

§ 37-6-1 Definition of terms used in counterfeiting provisions.
§ 37-6-2 Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.
§ 37-6-3 Imitation of trade-mark as misdemeanor--Civil penalty.
§ 37-6-4 Definition of terms used in mark registration law.
§ 37-6-5 Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.
§ 37-6-6 Mark containing immoral, deceptive or scandalous matter not registrable.
§ 37-6-7 Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.
§ 37-6-8 Mark using or simulating flags or governmental insignia not registrable.
§ 37-6-9 Mark identified with living persons not registrable except by consent.
§ 37-6-10 Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.
§ 37-6-11 Mark similar to previously used marks not registrable.
§ 37-6-12 Classification of goods and services for mark registration--Registration limited to single class.
§ 37-6-13 Certificate of registration issued by secretary of state--Contents.
§ 37-6-14 Term of registration--Renewal.
§ 37-6-16 Civil liability for damages from fraudulent mark registration.
§ 37-6-17 Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
§ 37-6-18 Cancellation of registration on request or due to error or fraud.
§ 37-6-19 Cancellation of registration on court findings.
§ 37-6-20 Cancellation of registration on court order.
§ 37-6-21 Cancellation of registrations not renewed.
§ 37-6-22 Public record of registered marks.
§ 37-6-24 Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.
§ 37-6-25 Civil action against person using counterfeit or imitation of registered mark.
§ 37-6-26 Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.
§ 37-6-27 Common-law rights in marks preserved.
§ 37-6-28 Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.
§ 37-6-29 Use or possession of marked and registered container prima facie unlawful--Search warrant.
§ 37-6-30 Obliteration of registered container mark as misdemeanor.
§ 37-6-31 Nonresidents entitled to protection of containers.
§ 37-6-32 Civil penalty for unauthorized refilling or trafficking in registered containers.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.

Bookish