Title 45 — Trade and Commerce

(a) A victim of identity theft may petition the superior court for a determination that the victim is factually innocent of a crime if (1) the perpetrator of the identity theft was arrested for, cited for, or convicted of the crime using the victim's identity; (2) a criminal comp…

A determination of factual innocence under AS 45.48.600 may be heard and made on declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be made a part of the record by the court.

(a) A court may determine that a petitioner under AS 45.48.600 is factually innocent of a crime if the court finds beyond a reasonable doubt that (1) the petitioner is a victim of identity theft; (2) the petitioner did not commit the offense for which the perpetrator of the ident…

After a court issues an order under AS 45.48.620, the court may order the name and associated personal information of the victim of identity theft that is contained in the files, indexes, and other records of the court that are accessible by the public labeled to show that the na…

A court that has issued an order under AS 45.48.620 may, at any time, vacate the order if the petition, or any information submitted in support of the petition, is found to contain a material misrepresentation, an omission, or false information.

The supreme court of the state may develop a form to be used for the order under AS 45.48.620.

The department may establish and maintain a database of individuals who have been victims of identity theft and who have received an order under AS 45.48.620. The department shall provide a victim or the victim's authorized representative access to a database established under th…

The department may establish and maintain a toll-free telephone number to provide access to information in a database established under AS 45.48.660.

(a) Even if the local law enforcement agency does not have jurisdiction over the theft of an individual's identity, if an individual who has learned or reasonably suspects the individual has been the victim of identity theft contacts, for the purpose of filing a complaint, a loca…

Article 6. Truncation of Card Information. In AS 45.48.600 — 45.48.690, (1) “crime” has the meaning given in AS 11.81.900; (2) “department” means the Department of Law; (3) “perpetrator” means the person who perpetrated the theft of an individual's identity; (4) “victim” means an…

Article 7. General Provisions. (a) A person who accepts credit cards or debit cards for the transaction of business may not print more than the last four digits of the card number or the expiration date on any receipt or other physical record of the transaction provided at the po…

In this chapter, unless the context indicates otherwise, (1) “consumer” means an individual; (2) “consumer credit reporting agency” means a person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages, in whole or in part, in the practice of assembl…

This chapter may be cited as the Alaska Personal Information Protection Act.

(a) A mark may not be registered if it consists of or comprises (1) immoral, deceptive, or scandalous matter; (2) matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or dis…

Subject to limitations under AS 45.50.010 — 45.50.205, a person who uses a mark in the state may file with the commissioner, on a form furnished by the department and in a manner complying with AS 45.50.010 — 45.50.205, an application for registration of that mark setting out the…

(a) Upon the filing of an application for registration of a mark and payment of the application fee, the commissioner shall examine the application for conformity with AS 45.50.010 — 45.50.205. The commissioner may request additional information, including a description of a desi…

The application shall be signed by the applicant or by a member of the firm or an officer of the corporation, partnership, or association applying. The application shall be accompanied by three specimens showing the actual use of the mark on or in connection with the goods or ser…

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.

[Repealed or reserved.]

(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…

[Repealed or reserved.]

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…

Article 2. Log Brands. 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.