Title 35 — Title 35: Trade Regulations, Trademarks and Collective and Certification Marks

Sec. 35-1. Use of fictitious business names. Prohibitions and exceptions. Penalty. Unfair trade practices. Section 35-1 is repealed, effective January 1, 2025. (1949 Rev., S. 6728; 1957, P.A. 96; 1967, P.A. 84; P.A. 75-68; P.A. 83-158, S. 2; 83-587, S. 52, 96; P.A. 89-252, S. 10,…

Sec. 35-1a. Transacting business under assumed or fictitious name prohibited. Application for and issuance of trade name certificate. (a) No person shall transact business in this state under any assumed or fictitious name, or under any designation, name or style, corporate or ot…

Sec. 35-1b. Renewal or cancellation of trade name certificate. (a) A trade name certificate may be renewed not earlier than six months prior to the expiration date of such certificate and not later than the expiration date of such certificate. An application for renewal shall be …

Sec. 35-1c. Alphabetical index of trade name certificates. Electronic system for searching of trade name certificate information. (a) Each town clerk shall keep an alphabetical index of the trade name certificates issued by such town clerk and the natural persons, corporations, l…

Sec. 35-1d. Trade name certificates. Exceptions to when required. Penalty. Unfair or deceptive trade practice. (a) A copy of any trade name certificate, certified by the town clerk from whose office the same has been issued, shall be presumptive evidence, in all courts in this st…

Sec. 35-1e. Prohibition on use of assumed or fictitious name that includes name of municipality in printed advertisement. Unfair or deceptive trade practice. Exceptions. (a) No person shall use, in any printed advertisement, an assumed or fictitious name for the conduct of such p…

Sec. 35-2. Use of word “banking” and similar words as part of business name. No partnership, common law trust or association, or individual using a trade name, shall use, either as a part of its name or as a prefix or suffix thereto or as a designation of the business carried on …

Sec. 35-3. Use of word “banking” by bankers' associations. The provisions of sections 33-655 and 35-2 shall not apply to nor prohibit the use of the words “banks”, “bankers” and “banking” in their titles by The Connecticut Bankers' Association, The Savings Banks' Association of C…

Sec. 35-3a. Registration; constructive notice of ownership. Registration of a mark pursuant to chapters 621a and 622a shall be constructive notice of the registrant's claim of ownership thereof. (P.A. 73-483, S. 8.)

Sec. 35-3b. Certificate of registration, prima facie evidence. A certificate of registration of a mark pursuant to chapters 621a and 622a shall be prima facie evidence of the validity of the registration, the registrant's ownership of the mark, and the registrant's exclusive righ…

Sec. 35-3c. Forum for actions re registration. Actions to require cancellation of a mark registered pursuant to chapters 621a and 622a or in mandamus to compel registration of a mark pursuant to said chapter 621a shall be brought in the superior court for the judicial district of…

Sec. 35-11a. Definitions. As used in this chapter: (1) The term “trademark” means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those goods made or sold by others…

Sec. 35-11b. Disqualifications of marks for registration. A mark in use in Connecticut by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall be registered unless it (1) consists of or comprises immoral, de…

Sec. 35-11c. Application for registration. (a) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the Secretary of the State, in a manner complying with the requirements of the secretary, an applicat…

Sec. 35-11d. Examination and amendment of application. Disclaimer. Refusal of registration. Concurrent applications. (a) Upon the filing of an application for registration and payment of the fee provided in section 35-11c, the Secretary of the State shall cause the application to…

Sec. 35-11e. Certificate of registration. Effective period. Renewal; fee. Record. (a) Upon compliance by the applicant with the requirements of this chapter, the Secretary of the State shall cause a certificate of registration to be issued and delivered to the applicant. The cert…

Sec. 35-11f. Assignment of mark and registration. Change of name. Recording of other instruments. (a) Any mark and its registration under this chapter shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the busin…

Sec. 35-11g. Cancellation of registration. The Secretary of the State shall cancel from the register, in whole or in part, (1) any registration concerning which the Secretary of the State receives a voluntary request for cancellation thereof from the registrant or the assignee of…

Sec. 35-11h. Classes of goods and services. The following general classes of goods and services are established for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mar…

Sec. 35-11i. Illegal use of mark. Remedies. (a) Subject to the provisions of section 35-11k, any person who (1) uses in Connecticut, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connec…

Sec. 35-11j. Fraudulent registration. Any person who, for himself or on behalf of any other person, procures the filing or registration of any mark in the office of the Secretary of the State under the provisions of this chapter, by knowingly making any false or fraudulent repres…

Sec. 35-11k. Common law rights not affected. Nothing in this chapter shall adversely affect the rights or the enforcement of rights in marks or trade names acquired in good faith at any time at common law. (1963, P.A. 51, S. 11.) Cited. 173 C. 261.

Sec. 35-11l. Trademark and service mark information furnished on request; fees. Upon request of any person, the Secretary of the State shall issue a certificate showing whether any trade or service mark or marks using a particular name or design referred to in such certificate, o…

Sec. 35-11m. Incontestable right of registrant. Except on a ground for which application to cancel may be filed at any time under subdivision (4) of section 35-11g and except to the extent, if any, to which the use of a mark infringes a mark registered or published by the United …

Secs. 35-4 to 35-11. Trademarks. Sections 35-4 to 35-11, inclusive, are repealed. (1949 Rev., S. 6787–6794; 1963, P.A. 51, S. 12.)

Secs. 35-12 to 35-18. Trade union labels. Insignia. Sections 35-12 to 35-18, inclusive, are repealed. (1949 Rev., S. 6795–6801; 1967, P.A. 689, S. 12.)

Sec. 35-18a. Definitions. As used in this chapter: (1) The term “collective mark” means a trademark or service mark used by the members of a cooperative, an association or other collective group or organization and includes marks used to indicate membership in a union, an associa…

Sec. 35-18b. Disqualification of marks for registration. A mark in use in Connecticut by which the applicant for registration may be distinguished from others shall be registered unless it (1) consists of or comprises immoral, deceptive or scandalous matter; or (2) consists of or…

Sec. 35-18c. Application for registration. (a) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the Secretary of the State, in a manner complying with the requirements of the secretary, an applicat…

Sec. 35-18d. Examination and amendment of application. Disclaimer. Refusal of registration. (a) Upon the filing of an application for registration and payment of the fee herein provided, the Secretary of the State shall cause the application to be examined to ensure conformity wi…

Sec. 35-18e. Certificate of registration. Effective period. Renewal; fee. Record of marks. (a) Upon compliance by the applicant with the requirements of this chapter, the Secretary of the State shall cause a certificate of registration to be issued and delivered to the applicant.…

Sec. 35-18f. Assignment of mark and registration. Change of name. Recording of other instruments. (a) Any mark and its registration under this chapter shall be assignable with the good will of the business or organization in which the mark is used, or with that part of the good w…

Sec. 35-18g. Cancellation of registration. The Secretary of the State shall cancel from the register, in whole or in part, (1) any registration concerning which the Secretary of the State receives a voluntary request for cancellation thereof from the registrant or the assignee of…

Sec. 35-18h. Illegal use of mark. Remedies. (a) Subject to the provisions of section 35-18j, any person who (1) uses in Connecticut, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connec…

Sec. 35-18i. Fraudulent registration. Any person who, for himself or on behalf of any other person, procures the filing or registration of any mark in the office of the Secretary of the State under the provisions hereof, by knowingly making any false or fraudulent representation …

Sec. 35-18j. Common law rights not affected. Nothing herein shall adversely affect the rights or the enforcement of rights in marks or trade names acquired in good faith at any time at common law. (1967, P.A. 689, S. 10.)

Sec. 35-19. Description may be registered. Any person or corporation engaged in manufacturing, bottling or selling soda waters, mineral waters or aerated waters, near beer, cider, ginger ale, milk, cream or other beverages or medicines, medicinal preparations, perfumery, oils, co…

Sec. 35-20. Unlawful use of devices; penalty. No person, other than the owner of such name, mark or device, shall fill with soda water, mineral water or aerated water, near beer, cider, ginger ale, milk, cream or other beverage, or with any medicine, medicinal preparation, perfum…

Sec. 35-21. Presumption of unlawful use. The use by any person other than the person whose device, name or mark is or has been upon the same, without such written consent or purchase, of any such marked or distinguished bottle, can, jar, box or siphon, a description of the name, …

Sec. 35-22. Issue of search warrant. Whenever any person mentioned in section 35-19, or his agent, makes oath before any judge of the superior court for the judicial district wherein his town is located, that he has reason to believe and does believe that any of his bottles, cans…

Sec. 35-23. When refiling of device not required. Section 35-23 is repealed. (1949 Rev., S. 6806; 1967, P.A. 431, S. 2.)

Sec. 35-24. Short title: Connecticut Antitrust Act. This chapter shall be known as the “Connecticut Antitrust Act”. (1971, P.A. 608, S. 1; P.A. 75-567, S. 1, 80.) History: P.A. 75-567 substituted “chapter” for “part”. Cited. 169 C. 344. Cited. 33 CS 216; 35 CS 136.

Sec. 35-25. Definitions. As used in this chapter, unless the context indicates otherwise: (a) “Commodity” means any goods, merchandise, wares, produce, chose in action, patents, trade marks, land articles of commerce, or any other tangible or intangible property, real, personal, …

Sec. 35-26. Restraint of trade or commerce unlawful. Every contract, combination, or conspiracy in restraint of any part of trade or commerce is unlawful. (1971, P.A. 608, S. 3.) Cited. 169 C. 344. Statute applies to contract entered into prior to effective date of statute if con…

Sec. 35-27. Monopolization or attempt to monopolize unlawful. Every contract, combination, or conspiracy to monopolize, or attempt to monopolize, or monopolization of any part of trade or commerce is unlawful. (1971, P.A. 608, S. 4.) Cited. 169 C. 344; 180 C. 680; 181 C. 655, ove…

Sec. 35-28. Acts unlawful when purpose or effect is restraint of trade or commerce. Without limiting section 35-26, every contract, combination, or conspiracy is unlawful when the same are for the purpose, or have the effect, of: (a) Fixing, controlling, or maintaining prices, ra…

Sec. 35-29. Acts unlawful where effect is substantial lessening of competition or creation of monopoly. Every lease, sale or contract for the furnishing of services or for the sale of commodities, or for the fixing of prices charged therefor, or for the giving or selling of a dis…

Sec. 35-30. Application of chapter. This chapter applies to every contract, combination, or conspiracy in restraint of any part of trade or commerce or every contract, combination or conspiracy to monopolize, or every attempt to monopolize, or every monopolization of any part of …

Sec. 35-31. Exceptions. (a) Nothing contained in this chapter shall be construed to forbid the existence or operation of labor, agricultural, or horticultural organizations instituted for the purpose of mutual help, and not having capital stock and not conducted for profit, or to…

Sec. 35-32. Attorney General to bring actions in the name of state or as parens patriae. (a) The Attorney General, in the name of the state and on behalf of the people of the state, shall enforce the provisions of this chapter. He shall investigate suspected violations and instit…