- § 10-1-440 - Definitions; When Trademark or Service Mark Used in State
(a) As used in this part, the term: (1) "Applicant" means the person filing an application for registration of a trademark or service mark...
- § 10-1-441 - Registration of Marks -- When Marks Ineligible
A trademark or service mark shall be entitled to registration unless it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; or (2)...
- § 10-1-442 - Registration of Marks -- Application; Fee
(a) Subject to the limitations set forth in this part, any person who adopts and uses a trademark or service mark in this state...
- § 10-1-443 - Registration of Marks -- Classes of Goods and Services for Purposes of Registration; Application Limited to One Class
(a) The following general classes of goods are established for convenience of administration of this part, but not to limit or extend the applicant's...
- § 10-1-444 - Registration of Marks
Upon compliance by the applicant with the requirements of this part, the Secretary of State shall cause a certificate of registration to be issued...
- § 10-1-445 - Registration of Marks -- Duration; Renewal; Fee
(a) Registration of a trademark or service mark under this part shall be effective for a term of ten years from the date of...
- § 10-1-446 - Assignment of Mark and Registration; Recordation; Fee; New Certificate
Any trademark or service mark and its registration under this part shall be assignable with the good will of the business in which the...
- § 10-1-447 - Record of Registrations and Renewals to Be Kept by Secretary of State
The Secretary of State shall keep for public examination a record of all trademarks or service marks registered or renewed under this part.
- § 10-1-448 - Cancellation of Registrations
(a) The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall receive a voluntary request...
- § 10-1-449 - Damages for Fraud or False Representation in Registering Mark
Any person who shall for himself or on behalf of any person procure the filing or registration of any trademark or service mark in...
- § 10-1-450 - Civil Action for Infringement of Registered Mark
Subject to Code Section 10-1-452, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation...
- § 10-1-451 - Injunctions Against Infringement; Recovery of Profits and Damages; Destruction or Disposal of Counterfeit Trademarks; Seizure
(a) Any owner of a trademark or service mark registered under this part may proceed by action to enjoin the manufacture, use, display, or...
- § 10-1-452 - Common-Law Rights in Marks Not Affected
Nothing in this part shall adversely affect the rights or the enforcement of rights in trademarks or service marks acquired in good faith at...
- § 10-1-453 - Unauthorized and Deceitful Use of Name or Seal a Misdemeanor
Any firm, person, corporation, or association who shall use the name or seal of any other person, firm, corporation, or association, in and about...
- § 10-1-454 - Forged or Counterfeited Trademarks, Service Marks, or Copyrighted or Registered Designs; Unauthorized Reproductions
(a) As used in this Code section, the term "forged or counterfeited trademark, service mark, or copyrighted or registered design" means any mark or...
Last modified: October 14, 2016