Names - 54 Pa. Cons. Stat.

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Chapter 1. General Provisions

• § 101.  Definitions.
  Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases ...
• § 102.  Functions and powers of Department of State.
  Subchapter B of Chapter 1 of Title 15 (relating to functions and powers of Department of State) shall be applicable to filings in and the ...
• § 103.  Execution of documents.
  (a) General rule.--Any document filed in the Department of State under this title by a corporation may be executed on behalf of the corporation by ...

Chapter 3. Fictitious Names

• § 301.  Short title of chapter.
  This chapter shall be known and may be cited as the "Fictitious Names Act." ...
• § 302.  Definitions.
  The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this ...
• § 303.  Scope of chapter.
  (a) Voluntary registration.--Any one or more entities may elect to register a fictitious name under this chapter for the purpose of establishing a public record ...
• § 304.  Effect of registration under prior statutes.
  Fictitious names registered under the former provisions of the following statutes shall be deemed to be registered under this chapter: Act of June 28, 1917 ...
• § 311.  Registration.
  (a) General rule.--A fictitious name may be registered under this chapter by filing in the department an application for registration of fictitious name, which shall ...
• § 312.  Amendment.
  (a) General rule.--A fictitious name registration under this chapter may be amended by filing in the department an application for amendment of fictitious name registration, ...
• § 313.  Cancellation or withdrawal.
  (a) General rule.--A fictitious name registration under this chapter may be cancelled, or a party to such a registration may withdraw therefrom, by filing in ...
• § 321.  Decennial filings required (Deleted by amendment).
  § 321. Decennial filings required (Deleted by amendment). 2000 Amendment. Section 321 was deleted by amendment June 22, 2000, P.L.356, No.43, effective immediately. ...
• § 331.  Contracts entered into by entity using unregistered fictitious name.
  § 331. Contracts entered into by entity using unregistered fictitious name. (a) General rule.--No entity which has failed to register a fictitious name as required ...
• § 332.  Effect of registration.
  (a) General rule.--Registration under this chapter imparts no legal right to the registering entity other than that the conducting of business by it under a ...

Chapter 5. Corporate and Other Association Names

• § 501.  Register established.
  (a) General rule.--A register is established by this chapter which shall consist of such of the following names as are not deleted therefrom by operation ...
• § 502.  Certain additions to register.
  (a) Corporation names.-- (1) A domestic corporation not-for-profit incorporated prior to May 16, 1923 may register its name with the department under this chapter by ...
• § 503.  Decennial filings required.
  (a) General rule.--Except as otherwise provided in this section, every corporation or other association whose name is registered under this chapter shall, during the year ...
• § 504.  Effect of failure to make filings.
  On January 1 of the year following the year during which a report is required to be filed under section 503 (relating to decennial filings ...
• § 505.  Late filings.
  A corporation or association which has failed to file the report required by section 503 (relating to decennial filings required) may do so at any ...
• § 506.  Voluntary termination of registration by corporations and other associations.
  § 506. Voluntary termination of registration by corporations and other associations. (a) General rule.--Any corporation or other association which has its name registered under this ...

Chapter 7. Judicial Change of Name

• § 701.  Court approval required for change of name.
  (a) General rule.--Except as set forth in subsection (b), it shall be unlawful for any person to assume a name different from the name by ...
• § 702.  Change by order of court.
  (a) General rule.--The court of common pleas of any county may by order change the name of any person resident in the county. (b) Procedure.--Prior ...
• § 703.  Effect on children.
  (a) General rule.--Whenever an order is made under this chapter changing the surname of anyone who is at the time thereof the parent of a ...
• § 704.  Divorcing and divorced person may resume prior name.
  (a) General rule.--Any person who is a party in a divorce action may, at any time prior to or subsequent to the entry of the ...
§ 704.1. Surviving spouse may resume prior name.

• § 705.  Penalty for violation of chapter.
  Any person violating the provisions of this chapter for purpose of avoiding payment of taxes or other debts commits a summary offense. ...

Chapter 11. Trademarks

• § 1101.  Short title of chapter.
  This chapter shall be known and may be cited as the "Pennsylvania Trademark Act." ...
• § 1102.  Definitions.
  The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this ...
• § 1103.  Classification.
  The general classes of goods and services established by the United States Patent and Trademark Office in accordance with the International Classification System are to ...
• § 1111.  Registrability.
  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 ...
• § 1112.  Application for registration.
  (a) General rule.--Subject to the limitations set forth in this chapter, any person who has adopted and used a mark in this Commonwealth may file ...
• § 1113.  Registration of mark.
  Upon compliance by the applicant with the requirements of this chapter, the department shall register the mark. ...
• § 1114.  Duration and renewal.
  (a) General rule.--Registration of a mark under this chapter shall be effective for a term of five years from the date of registration and, upon ...
• § 1115.  Assignment.
  (a) General rule.--Any mark and its registration under this chapter shall be assignable with the goodwill of the business in which the mark is used ...
• § 1116.  Cancellation.
  (a) General rule.--The department shall cancel from the register under this chapter: (1) All registrations under this chapter which are not renewed in accordance with ...
• § 1121.  Damages for fraudulent registration.
  Any person who shall, for himself or herself or on behalf of any other person, procure the filing or registration of any mark in the ...
• § 1122.  Disclaimer of unregistrable matter.
  The department shall require unregistrable matter to be disclaimed, but such disclaimer shall not prejudice or affect the common law rights of the applicant then ...
• § 1123.  Infringement.
  (a) General rule.--Subject to the provisions of section 1126 (relating to common law rights), any person who shall: (1) use, without the consent of the ...
• § 1124.  Injury to business or reputation; dilution.
  The owner of a mark which is famous in this Commonwealth shall be entitled, subject to the principles of equity and upon such terms as ...
• § 1125.  Remedies.
  (a) General rule.--Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any ...
• § 1126.  Common law rights.
  Nothing in this chapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common ...

Chapter 13. Insignia

• § 1301.  Definitions.
  The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this ...
• § 1302.  Effect of registration under prior statutes.
  Insignia registered under the former provisions of the following statutes shall be deemed to be registered under this chapter: Act of May 21, 1895 (P.L.95, ...
• § 1311.  Registration of insignia.
  (a) General rule.--The insignia of an organization may be registered under this chapter by the organization by filing in the department an application for registration ...
• § 1312.  Amendment.
  (a) General rule.--The registration under this chapter of the insignia of an organization may be amended by the organization by filing in the department an ...
• § 1313.  Cancellation.
  (a) General rule.--The registration under this chapter of the insignia of an organization may be cancelled by the organization by filing in the department a ...
• § 1314.  Decennial filings required.
  (a) General rule.--Every registrant of any insignia registered under this chapter shall, during the year 2001 and every tenth year thereafter, file in the department ...
• § 1321.  Specifying conditions under which union label may be used.
  § 1321. Specifying conditions under which union label may be used. Every labor union which has registered a union label under this chapter shall have, ...
• § 1322.  Rescission of right to use union label of allied crafts.
  § 1322. Rescission of right to use union label of allied crafts. Where two or more labor unions have adopted an allied crafts union label, ...
• § 1331.  Injunctive relief.
  Any organization having registered its insignia under this chapter shall have the right to proceed before any court of competent jurisdiction for an injunction to ...

Chapter 15. Reusable Marked Articles and Receptacles

• § 1501.  Definitions.
  The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this ...
• § 1502.  Effect of registration under prior statutes.
  Marks registered under the former provisions of the following statutes shall be deemed to be registered under this chapter: Act of April 20, 1853 (P.L.643, ...
• § 1511.  Registration of articles or supplies.
  (a) General rule.--A person who uses in this Commonwealth a mark to indicate the ownership of articles or supplies may register such mark under this ...
• § 1512.  Amendment.
  (a) General rule.--The registration under this chapter of a mark may be amended by the registrant by filing in the department of an application for ...
• § 1513.  Assignment.
  (a) General rule.--Any mark and its registration under this chapter shall be assignable with the sale of the articles or supplies on which the mark ...
• § 1514.  Cancellation of registration.
  (a) General rule.--The department shall cancel from the register under this chapter: (1) Any registration concerning which the department shall receive an application for cancellation ...
• § 1515.  Decennial filings required.
  (a) General rule.--Every registrant of a mark registered under this chapter shall, during the year 2001 and every tenth year thereafter, file in the department ...
• § 1521.  Paying or accepting of deposit not deemed a sale.
  The requiring, taking, paying or accepting of any deposit for any purpose upon any articles or supplies shall not be deemed to constitute a sale ...
• § 1522.  Using or removal of identity of receptacle.
  No person shall use, give, buy, take, destroy, sell or otherwise dispose of, or traffic in, articles or supplies, fill or refill any vessel, receptacle ...
• § 1523.  Laundering articles labeled with mark of owner.
  No person shall, without the written consent of the owner thereof, launder, wash, clean, renovate or cause to be laundered, washed, cleaned or renovated, any ...
• § 1524.  Unauthorized use as presumptive evidence.
  The use or possession by any person, other than the registrant, of any articles or supplies without the written consent provided in this chapter, or ...
• § 1525.  Return of supplies.
  It shall be the duty of every person who finds, or receives in the regular course of business or in any other manner, any articles ...
• § 1531.  Penalty.
  A person who violates any of the provisions of this chapter commits a summary offense. ...

Chapter 17. Newspapers

• § 1701.  Identification of owner and editor.
  Every newspaper published in this Commonwealth, whether published monthly, weekly, biweekly, semiweekly or daily, or whether such publication is at regular or irregular intervals, shall ...
• § 1702.  Changes in information to be published.
  In the event any change is made in the proprietorship, ownership or managing editor of any newspaper, or in the office of president of any ...
• § 1703.  Penalty.
  A person who violates any of the provisions of this chapter commits a summary offense. ...

Last modified: November 22, 2007