Title 6 — Commerce and Trade
89 chapters · 627 sections in this title.
6 Del. C. § 3301. Short title.
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§ 3301. Short title. This chapter may be known and cited as the “Delaware Trademark Act.”60 Del. Laws, c. 612, § 1;
6 Del. C. § 3302. Definitions.
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§ 3302. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: (1) “Applicant” shall mean any person filing an application for registration of a tradem…
6 Del. C. § 3303. Registrability.
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§ 3303. Registrability. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive or scandalous matter; (2) Consists of or compri…
6 Del. C. § 3304. Application for registration.
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§ 3304. 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 State, on a form to be furnished by the Secretary of State, an application for registrati…
6 Del. C. § 3305. Certificate of registration.
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§ 3305. Certificate of registration. (a) Upon compliance by the applicant with the requirements of this chapter, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the…
6 Del. C. § 3306. Duration and renewal.
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§ 3306. Duration and renewal. (a) Registration of a mark under this chapter shall be effective for a term of 10 years from the date of registration and, upon application filed within 6 months prior to the expiration of such term, on a form to be furnished by the Secretary of Stat…
6 Del. C. § 3307. Assignment.
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§ 3307. Assignment. Any mark and its registration hereunder 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 business connected with the use of and symbolized by the mark. Assignment shall be by instrumen…
6 Del. C. § 3308. Records.
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§ 3308. Records. The Secretary of State shall keep for public examination a record of all marks registered or renewed under this chapter.60 Del. Laws, c. 612, § 1;
6 Del. C. § 3309. Cancellation.
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§ 3309. Cancellation. The Secretary of State shall cancel from the register: (1) After 1 year from the effective date of this chapter, all registrations under prior acts which are more than 10 years old, and not renewed in accordance with this chapter; (2) Any registration concer…
6 Del. C. § 3310. Classification.
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§ 3310. Classification. Classification shall be as that which is enforced at the time of application under the classification system used by the United States Patent Office.60 Del. Laws, c. 612, § 1;
6 Del. C. § 3311. Fraudulent registration.
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§ 3311. Fraudulent registration. 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 this chapter, by knowingly making any false or fraudulent representation or…
6 Del. C. § 3312. Infringement.
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§ 3312. Infringement. Subject to common-law rights as set forth in § 3315 of this title, any person who shall: (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connection with the…
6 Del. C. § 3313. Injury to business reputation; dilution.
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§ 3313. Injury to business reputation; dilution. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law or a trade name valid at common law, shall be a ground for injunctive reli…
6 Del. C. § 3314. Remedies, including injunctions against forged or counterfeited trademarks, service marks, or copyrighted or registered designs.
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§ 3314. Remedies, including injunctions against forged or counterfeited trademarks, service marks, or copyrighted or registered designs. (a) The State finds and declares that the citizens of this State have a right to receive those goods and services which they reasonably believe…
6 Del. C. § 3315. Common-law rights.
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§ 3315. Common-law rights. Nothing herein shall adversely affect the rights or the enforcement of the rights in marks acquired in good faith at any time at common law.60 Del. Laws, c. 612, § 1;
6 Del. C. § 3321-3323 ; 3331-3336. [Repealed].
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§§ 3321-3323; 3331-3336. [Repealed].