Chapter 482 — Chapter 482

PART I. GENERAL PROVISIONS §482-1 Definitions. As used in this chapter, unless the context otherwise requires: "Abandonment" of a mark means when either of the following occurs: "Applicant" includes the person filing an application for registration of a trade name or mark under t…

§§482-10 to 12 REPEALED. L 2003, c 124, §§107 to 109.

PART II. TRADE NAMES §482-2 [OLD] REPEALED. L 1980, c 26, §3. §482-2 Certificate. (a) Any person desiring to register any trade name may obtain a certificate of registration of the trade name in the manner hereinafter provided. (b) Before any person may receive a certificate of r…

PART III. TRADEMARKS AND SERVICE MARKS §482-21 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:

§482-22 Application for registration. (a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the director, in a manner complying with the requirements of the director, an application for registration of that mark setting forth …

§482-23 Filing of applications; appeal. (a) Upon the filing of an application for registration and payment of the application fee, the director shall cause the application to be examined for conformity with this part. (b) The applicant shall provide any additional pertinent infor…

§482-24 Certificate of registration. (a) Upon compliance by the applicant with the requirements of this part, the director shall issue a certificate of registration to the applicant. (b) The original or a copy certified by the director of a certificate of registration issued unde…

§482-25 Duration and renewal. (a) The registration of a mark shall be effective for a term of five years from the date of registration. A renewal fee, payable to the director, shall accompany the application for renewal of the registration. (b) A registration may be renewed for s…

§482-28 Cancellation. The director shall cancel the registration of a mark if the director receives a request for cancellation from the registrant or assignee of record or when a court of competent jurisdiction orders cancellation of a registration. [L 2001, c 15, pt of §1; am L …

§482-3 Record, issuance and effect of certificate. (a) Upon receiving the application accompanied by the fee, the director shall cause the trade name to be recorded and shall issue a certificate of registration to the applicant; provided that the director shall not register any t…

§482-3.5 REPEALED. L 2008, c 108, §14.

§482-30 REPEALED. L 2008, c 108, §16.

§482-31 Infringement. Subject to section 482-53, any person who: shall be liable in a civil action by the registrant for any and all of the damages and remedies provided in section 482-33; provided that under paragraph (2) the registrant shall not be entitled to recover profits o…

§482-35 REPEALED. L 2008, c 108, §17.

§482-36 Fees. The application fee to register a mark shall be $50 for each class of goods or services. A special handling fee of $20 for expediting the registration of a mark shall be assessed by the director for each class of goods or services. All special handling fees shall be…

§482-37 REPEALED. L 2008, c 108, §18.

§482-4 Certain trade names not to be adopted or used. (a) It shall be unlawful for any person to adopt or use a trade name or entity name that infringes on any person's ownership rights to any registered trade name, mark, or the name of any entity registered or authorized to tran…

§482-5 REPEALED. L 2008, c 108, §15.

§482-6 Revocation of certificate; nonuse. (a) If any trade name is not used by the registrant in accordance with the declaration in this State for a period of three hundred sixty-five consecutive days, the certificate of registration shall be subject to revocation. (b) Any person…

§482-7 Application of law; reissue on nonuser. (a) Sections 482-1 to 482-9 are applicable to all registrations filed in the office of the director; the intent being that all trade names not used by the applicant in this State may be immediately reissued to such applicant who is a…

§482-8 Revocation of trade name registration. (a) Any person claiming to be the owner of a trade name or mark whose common law rights are infringed upon, or any entity registered or authorized to transact business under the laws of this State whose common law right to its entity …

§482-8.5 Administrative order of abatement against a registered or authorized entity. (a) Any person claiming to be the owner of a trade name or mark who believes that the name of any entity registered or authorized to transact business under the laws of this State is confusingly…

§482-9 Appeal. Any person aggrieved by any action of the director under this chapter in issuing or revoking a certificate of registration of a trade name or in denying an application, within thirty days after the action by the director, or if no order has been entered either gran…