Title 4, Business and Commercial Law

(a) Upon compliance by the applicant with the requirements of this subchapter, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. (b) The certificate of registration shall be issued under the signature of the Secretary of…

(a) (1) A registration of a mark under this subchapter shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of that term, in a manner complying with the requirements of the Secretar…

(a) (1) Any mark and its registration under this subchapter shall be 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.(2) Assignment shall be by instrumen…

The Secretary of State shall keep for public examination a record of all marks registered or renewed under this subchapter, as well as a record of all documents recorded pursuant to § 4-71-207.

(1) The Secretary of State shall cancel from the register, in whole or in part:(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;(2) All registrations granted under this su…

(a) The Secretary of State shall by rule establish a classification of goods and services for convenience of administration of this subchapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any o…

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 office of the Secretary of State under the provisions of this subchapter by knowingly making any false or fraudulent representation or declaration …

(1) Subject to the provisions of § 4-71-216, any person who shall commit the following acts shall be liable in a civil action by the registrant for any and all of the remedies provided in § 4-71-214, except that under this section the registrant shall not be entitled to recover p…

(a) (1) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use of a mark or trade name if such use begins after the mark h…

(a) (1) (A) Any owner of a mark registered under this subchapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of that mark and any court of competent jurisdiction may grant injunctions to restrain any manufacture, use, dis…

(a) (1) Actions to require cancellation of a mark registered pursuant to this subchapter or in mandamus to compel registration of a mark pursuant to this subchapter shall be brought in the circuit court.(2) (A) In an action in mandamus, the proceeding shall be based solely upon t…

Nothing in this subchapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

(a) The Secretary of State shall by rule prescribe the fees payable for the various applications and recording fees and for related services. (b) Unless specified by the Secretary of State, the fees payable in this subchapter are not refundable.

(a) (1) This subchapter shall not affect any suit, proceeding, or appeal pending prior to August 1, 1997.(2) (A) All acts relating to marks and parts of any other acts inconsistent herewith are hereby repealed on August 1, 1997.(B) Provided, that as to any application, suit, proc…