Title 26, Trade Regulation And Practice

[§481X-8] Contractual liability insurance policies. (a) Contractual liability insurance policies in this State shall provide that if covered service is not provided by the service contract provider or administrator within sixty days of proof of loss by the contract holder, the co…

[§481X-9] Applicability of premium taxes. Service contract provider fees shall not be subject to premium taxes. Contractual liability insurance policies shall be subject to premium taxes. [L 2000, c 221, pt of §2]

[§481Z-1] Short title. This chapter may be cited as the Revised Uniform Athlete Agents Act. [L 2019, c 193, pt of §2]

[§481Z-10] Required form of agency contract. (a) An agency contract shall be in a record signed by the parties. (b) An agency contract shall contain: (1) A statement that the athlete agent is registered as an athlete agent in this State and a list of any other states in which the…

[§481Z-11] Notice to educational institution. (a) As used in this section, "communication or attempt to communicate" means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. (b) Not later than s…

[§481Z-12] Student athlete's right to cancel. (a) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than fourteen days after the contract…

[§481Z-13] Required records. (a) An athlete agent shall create and retain, for five years, records of the following: (1) The name and address of each individual represented by the agent; (2) Each agency contract entered into by the agent; and (3) The direct costs incurred by the …

[§481Z-14] Prohibited conduct. (a) Except as otherwise provided in subsection (c), an athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, shall not take any of the follo…

[§481Z-15] Criminal penalty. An athlete agent who violates section 481Z-14 shall be guilty of a misdemeanor. [L 2019, c 193, pt of §2]

[§481Z-16 Civil remedy.] (a) An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or s…

[§481Z-17] Civil penalty. The director may assess a civil penalty against an athlete agent not to exceed $50,000 for a violation of this chapter. Fines shall be deposited with the director to the credit of the compliance resolution fund pursuant to section 26-9(o). Unless otherwi…

[§481Z-18] Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001 et seq., but does not modify, limit, or supersede…

[§481Z-2] Definitions. As used in this chapter: "Agency contract" means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional-sports-services contract or endorsement contract. "Athlete agent": (1) Means an indi…

[§481Z-3] Director; powers and duties; authority; procedure. (a) In addition to any other powers and duties authorized by law, the director shall have the powers and duties to: (1) Grant, deny, renew, refuse to renew, restore, terminate, reinstate, condition, restrict, suspend, o…

[§481Z-4] Athlete agent; registration required; void contract. (a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State without holding a certificate of registration under this chapter. (b) Before being issued a certificate o…

[§481Z-5] Registration as athlete agent; application; requirements; reciprocal registration. (a) An applicant for registration as an athlete agent shall submit an application for registration to the director in a form prescribed by the director. The applicant shall be an individu…

[§481Z-6] Certificate of registration; issuance or denial; renewal. (a) Except as otherwise provided in subsection (b), the director shall issue a certificate of registration to an applicant for registration who complies with section 481Z-5(a). (b) The director may refuse to issu…

[§481Z-7] Limitation, suspension, revocation, or refusal to renew registration. (a) The director may limit, suspend, revoke, or refuse to renew a registration of an individual registered under section 481Z-6(a) for conduct that would have justified refusal to issue a certificate …

[§481Z-8] Temporary registration. The director may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending. [L 2019, c 193, pt of §2]

[§481Z-9] Registration and renewal fees. No applicant or registrant shall be issued a certificate of registration unless the appropriate fees have been paid. Unless otherwise provided by law, the director shall establish the amount of all fees and expenses by rules adopted pursua…

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: (1) When its use has been discontinued with intent not to resume such use; provided that intent not to…

§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 registration of a trade name, the person shall file in the offi…

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: (1) Consists of or comprises immoral, deceptive, or scan…

§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…

[§482-26] Assignment; change of name. (a) The registration of a mark 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. An assignment shall be exe…

[§482-27] Records. The director shall maintain a record of all marks registered or renewed under this part, including a record of all marks recorded pursuant to section 482-26. [L 2001, c 15, pt of §1]

§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 …

[§482-28.5] Revocation of a mark. (a) Any person claiming to be the owner of a trademark or service mark for which a certificate of registration has been issued to another person pursuant to this part may file a verified petition in the office of the director for the revocation o…

§482-29 Classification. The director to the extent practical shall establish a classification of goods and services corresponding to the classification adopted by the United States Patent and Trademark Office for convenience of administration of this part, but not to limit or ext…

§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…

§482-31 Infringement. Subject to section 482-53, any person who: (1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, distribution, offering for sale, or adve…

[§482-32] Injury to business reputation; dilution. (a) 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 a court deems reasonable, to an injunction against another person's commercial use of a mark or t…

[§482-33] Remedies. (a) The owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, u…

[§482-34] Forum for actions regarding registration; service on out of state registrants. (a) An action to require cancellation of a mark registered under this part shall be brought in circuit court. In an action for cancellation, the director shall not be made a party to the proc…

§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…

§482-4 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…

[PART IV.] MISCELLANEOUS [§482-51] Penalties for signing false documents. (a) A person commits an offense if the person signs a document the person knows is false in any material respect with intent that the document be delivered to the director for filing. An offense under this …

[§482-52] Liability for fraudulent registration. Any person who knowingly makes a false or fraudulent representation or declaration in registration documents filed with the director shall be liable for all damages sustained as a result of the registration documents as determined …

[§482-53] Common law rights. Nothing in this chapter shall adversely affect common law rights in trade names, entity names, service marks, or trademarks, or the enforcement of those rights. [L 2008, c 108, pt of §1]

[§482-54] Severability. If any provision of this chapter is deemed to be invalid, the remaining provisions of this chapter shall continue to be effective. [L 2008, c 108, pt of §1]

§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 …