Title 45, Trade and Commerce

The application for registration shall be accompanied by a filing fee of $50 payable to the department.

Upon compliance by the applicant with the requirements of AS 45.50.010 — 45.50.205, the commissioner shall issue and deliver a certificate of registration to the applicant. The certificate of registration shall be issued under the signature of the commissioner and the seal of the…

A certificate of registration issued by the commissioner under AS 45.50.010 — 45.50.205 or a copy of it certified by the commissioner is admissible in evidence as competent and sufficient proof of the registration of the mark in an action or judicial proceeding in the state.

(a) Registration of a mark is effective for a term of five years from the date of registration. Upon application filed within six months before the expiration of the term in a manner complying with the requirements of the commissioner, the registration may be renewed for an addit…

A renewal fee of $50 shall accompany the application for renewal of the registration.

A registration of a mark may be renewed for successive periods of five years in the manner provided in AS 45.50.070 and 45.50.080.

The commissioner shall notify each registrant of the necessity of renewal at least six months preceding the expiration date of the registration. Notification shall be by writing to the last known address of the registrant.

(a) A mark and its registration are assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. (b) An assignment shall be in writing and may be filed with the comm…

(a) The name of a registrant or applicant may be changed by filing the change of name with the commissioner on a form furnished by the department that has been signed by the registrant or applicant and paying a filing fee of $25. The commissioner shall issue in the changed name o…

The commissioner shall keep for public examination a record of all marks registered or renewed under AS 45.50.010 — 45.50.205 and a record of all instruments filed under AS 45.50.125.

(a) The commissioner shall cancel in whole or in part (1) a registration for which the commissioner receives a voluntary written request for cancellation from the registrant or the assignee of record; (2) each registration that expires and is not renewed under AS 45.50.070 and 45…

The department shall by regulation establish a classification of goods and services for convenience of administration of AS 45.50.010 — 45.50.205. However, the classification does not limit or extend the applicant's or registrant's rights, and a single application for registratio…

A person who, for the person or on behalf of another, procures the filing or registration of a mark under AS 45.50.010 — 45.50.205 by knowingly making a false or fraudulent representation or declaration, orally or in writing, or by another fraudulent means, is liable to pay all d…

A person is liable in a civil action by the registrant for the remedies provided in AS 45.50.180 if the person (1) uses, without the consent of the registrant, a reproduction, counterfeit, copy, or colorable imitation of a mark registered under AS 45.50.010 — 45.50.205 in connect…

(a) A registrant may enjoin the manufacture, use, display, or sale of a counterfeit or imitation of the registrant's mark. (b) The court may grant an injunction to restrain the manufacture, use, display, or sale, and may require the defendant to pay to the registrant either the p…

In AS 45.50.010 — 45.50.205, (1) “applicant” means the person filing an application for registration of a mark, or a legal representative, successor, or assign of that person; (2) “certification mark” means a mark used upon or in connection with the goods or services of one or mo…

AS 45.50.010 — 45.50.205 may be cited as the Alaska Trademark Act.

(a) The owner of timber property that the owner puts or intends to put into a coastal water, lake, river, creek, or other waterway of the state for the purpose of rafting or transporting by floating or towing, shall apply to the department for the exclusive use of a distinctive b…

The right to the exclusive use of a registered brand ceases at the end of five years from the date of registration. The brand may be renewed by application before expiration, together with the payment of the prescribed fee. Renewals may be made successively for five-year terms.

(a) Each piece of timber property put or intended to be put in a coastal water, lake, river, creek, or other waterway of the state for the purpose of rafting or transporting by floating or towing shall display upon at least one end the registered brand and is presumed (1) while i…

The owner or rightful transporter of timber property not in the possession or control of the owner or transporter, which has become adrift in the waters of the state, stranded on the beaches, marshes, tideland, or shoreland of the water of the state, or partially or wholly submer…

Except as provided in AS 45.50.232, the department shall publish notice of its intent to claim abandoned timber property under AS 45.50.210 — 45.50.325 for not less than 30 days from the date that first notice is published under this section. Notice shall be published once a week…

(a) Timber property that is unbranded or on which a brand is not distinguishable and that is located in a coastal water, lake, river, creek, or other waterway of the state or on state owned coastline is presumed to be the property of the state. Timber property that is abandoned p…

The department shall extend the 90-day period for recovery of timber property after reporting specified in AS 45.50.232 if a good faith effort to salvage the timber property is being made by the person requesting the extension. Extensions shall be granted for limited periods only…

Each registered brand is the property of the person in whose name it is registered. It is personal property and may be sold, hypothecated, assigned, or otherwise transferred.

The commissioner shall file for record in the department files a true copy of each certificate of registration issued.

If a transfer of a brand is made, including transfer by assignment or sale, a true copy of the transfer instrument shall be filed for record with the department. The fee for transfer is as specified by regulation.

The department shall publish a list of brands as of December 31 of each even numbered year. The list must show the design of each brand, the name and address of the owner, the date of registration, and any transfer of a brand during the previous two years. Copies of the list shal…

Upon request and payment of the prescribed fee, the department shall furnish a certified copy of a brand certificate of registration or a certified copy of the instrument of transfer of a brand.

A certificate of registration of a brand or a certified copy of the certificate or of the instrument of transfer of a registered brand is prima facie evidence of the ownership of the timber property impressed with or displaying the registered brand.

Registration by the department and filing for record in the department files of a true copy of the certificate of registration or the transfer instrument is constructive notice of the ownership of the brand.

Fees collected under AS 45.50.210 — 45.50.325 by the department shall be deposited in the general fund of the state.

The department may adopt regulations necessary to implement AS 45.50.210 — 45.50.325.

A person who fraudulently brands timber property with a brand which the person knows or has reasonable cause to know is the registered brand of another person, or who knowingly alters, defaces, obliterates, or destroys a registered brand impressed or displayed upon timber propert…

In AS 45.50.210 — 45.50.325, (1) “brand” includes a mark or other designation that has been registered with the department; (2) “commissioner” means the commissioner of natural resources; (3) “department” means the Department of Natural Resources; (4) “rightful transporter” means…

(a) Unfair methods of competition and unfair or deceptive acts or practices in the conduct of trade or commerce are declared to be unlawful. (b) The terms “unfair methods of competition” and “unfair or deceptive acts or practices” include the following acts: (1) fraudulently conv…

(a) A person may not provide an alternate operator service without disclosing to the consumer before a charge is incurred the cost of the service provided by the person and the identity of the person providing those services. (b) The owner of a place where telephone business from…

(a) A person may not conduct a promotion on board a cruise ship that mentions or features a business in a state port that has paid something of value for the purpose of having the business mentioned, featured, or otherwise promoted, unless the person conducting the promotion clea…

(a) A person is in violation of AS 45.50.471(b)(41) if the person (1) [Repealed, § 35 ch 55 SLA 2004.] (2) engages in the telephone solicitation of a customer whose telephone number has been registered with the national do not call registry for the minimum amount of time required…

(a) A person may not use the title “industrial hygienist,” the initials “I.H.,” another term that includes the phrase “industrial hygiene” or similar words, or represent to the public that the person is an industrial hygienist, unless the person has a baccalaureate or graduate de…

(a) A person may not send unsolicited commercial electronic mail to another person from a computer located in this state or to an electronic mail address that the sender knows is held by a resident of this state if the commercial electronic mail contains information that consists…

(a) Nothing in AS 45.50.471 — 45.50.561 applies to (1) an act or transaction regulated by a statute or regulation administered by the state, including a state regulatory board or commission, unless the statute or regulation does not prohibit the practices declared unlawful in AS …

The attorney general, in accordance with AS 44.62 (Administrative Procedure Act), may adopt regulations interpreting and forms necessary for administering the provisions of AS 45.50.471 — 45.50.561.

(a) If the attorney general has cause to believe that a person has engaged in, is engaging in, or is about to engage in a deceptive trade practice under AS 45.50.471, the attorney general may (1) request the person to file a statement or report in writing, under oath, on forms pr…

(a) When the attorney general has reason to believe that a person has used, is using, or is about to use an act or practice declared unlawful in AS 45.50.471, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state a…

In the administration of AS 45.50.471 — 45.50.561, the attorney general may accept an assurance of voluntary compliance with respect to any act or practice considered to be violative of AS 45.50.471 — 45.50.561 from a person who has engaged or was about to engage in such an act o…