Code of Alabama - Title 8: Commercial Law and Consumer Protection - Chapter 12 - Trademarks, Names, Marks, Devices, and Labels

• Article 1 General Provisions.
• Section 8-12-1 Appropriation of trademark to designate origin or ownership
  One who produces or deals in a particular thing or conducts a particular business may appropriate to his exclusive use, as a trademark, any form,...
• Section 8-12-3 Defacing identifying mark on encumbered personal property; presumption of guilt by possession
  (a) Any person who defaces, or permits the same to be done, with intent to defraud any trademark, or other identifying mark, on any automobile...
• Article 2 Registration of Trademarks and Service Marks.
• Section 8-12-6 Definitions
  As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) APPLICANT. The person filing...
• Section 8-12-7 Registrability
  (a) A mark by which the goods, services, or business of any applicant for registration may be distinguished from the goods, services, or business of...
• Section 8-12-8 Application for registration; contents; signature and verification; filing fee
  (a) Subject to the limitations set forth in this article, any person who adopts and uses a mark in this state may file in the...
• Section 8-12-9 Certificate of registration; issuance; use as evidence
  (a) Upon compliance by the applicant with the requirements of this article, the Secretary of State shall cause a certificate of registration to be issued...
• Section 8-12-10 Duration and renewal of registration; renewal fee
  (a) Registration of a mark under this article shall be effective for a term of five years from the date of registration and, if the...
• Section 8-12-11 Assignment of mark and registration; fee; recordation and issuance of new certificate; effect of failure to record
  Any mark and its registration under this article shall be assignable with the good will of the business in which the mark is used, or...
• Section 8-12-12 Records
  The Secretary of State shall keep for public examination a record of all marks registered or renewed under this article.
• Section 8-12-13 Cancellation
  The Secretary of State shall cancel from the register: (1) After one year from January 1, 1981, all registrations under prior acts or informal registration...
• Section 8-12-14 Classification of goods, services and businesses
  (a) The following general classes of goods, services, and business are established for convenience of administration of this article, but not to limit or extend...
• Section 8-12-15 Liability for damages sustained in consequence of fraudulent filing or 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...
• Section 8-12-16 Liability to civil action for infringement
  Subject to the provisions of Section 8-12-19, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable...
• Section 8-12-17 Injunctive relief; famous marks
  (a) Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state...
• Section 8-12-18 Remedies
  (a) Any owner of a mark registered under this article may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits...
• Section 8-12-19 Common-law rights
  Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common
• Article 3 Names, Marks, etc., on Beverage Containers.
• Section 8-12-20 Registration of names, marks, etc
  Any person or corporation engaged in manufacturing, bottling, or selling soda water, mineral or aerated waters, cider, ginger ale, milk, cream, beer, ale, or other...
• Section 8-12-21 Unauthorized refilling, defacing of marks on or trafficking in containers
  Any person or corporation who fills with soda water, mineral or aerated waters, ginger ale, milk, cream, beer, other beverages, medicines, compounds, or mixtures, any...
• Section 8-12-22 Use, furnishing, trafficking, or possession of containers without consent presumptive evidence of unlawful use or purchase
  The use by any person or corporation, other than the person or corporation whose name, mark, or device may be, or may have been, upon...
• Section 8-12-23 Issuance of search warrant for containers unlawfully used or held
  Whenever any person, corporation, or their agent shall make oath before any judge that he has reason to believe, and does believe, that any of...
• Article 4 Marked Containers for Milk and Milk Products.
• Section 8-12-40 Purchase, sale, etc., of container upon which name appears
  It shall be unlawful for any person, firm, or corporation, other than the owner thereof, to purchase, offer to purchase, sell, offer to sell, or...
• Section 8-12-41 Presumption of ownership
  Whenever the name, trade name, or trademark of any person, firm, or corporation appears in permanent form upon, or in, any milk bottle, can, crate,...
• Section 8-12-42 Possession by secondhand or junk dealer prima facie evidence of violation
  The use, possession, or control by any person, firm, or corporation engaged in the business of buying, selling, renting, receiving, storing, transporting, or dealing in...
• Section 8-12-43 Enforcement of article
  (a) The Commissioner of Agriculture and Industries shall enforce the provisions of this article. (b) The provisions of Article 2, Chapter 2 of Title 2...
• Section 8-12-44 Penalty for violation of article
  Any person violating any provision of this article, shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and...

Last modified: May 3, 2021