Chapter 81, TRADEMARKS AND SERVICE MARKS

81-201. Title. This act shall be known and may be cited as the revised Kansas trademark act. History: L. 1999, ch. 85, § 1; July 1. CASE ANNOTATIONS 1. "Carganza" is an unregistered suggestive trademark; trial court's permanent injunction against defendant's use of "Carganza, Inc…

81-202. Definitions. As used in K.S.A. 81-201 through 81-220: (a) "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 manufactured or sold by o…

81-203. 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 such mark: (a) Consists of or comprises immoral, deceptive or scandalous matter; (b) consists of or…

81-204. Application for registration. (a) Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth…

81-205. Filing of applications; refusal of registration; same or similar marks, procedure. (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this act. (b) The appli…

81-206. Certificate of registration, issuance. Upon compliance by the applicant with the requirements of this act, the secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signat…

81-207. Duration of registration; renewal. (a) A registration of a mark as provided in this act shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of such term, in a manner complying with…

81-208. Assignments; changes of name; other instruments. (a) Any mark and registration as provided in this act 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 symbol…

81-209. Records. The secretary shall keep for public examination a record of all marks registered or renewed under this act, as well as a record of all documents recorded pursuant to K.S.A. 81-208, and amendments thereto. History: L. 1999, ch. 85, § 9; July 1.

81-210. Cancellation. The secretary shall cancel from the register, in whole or in part: (a) Any registration which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record; (b) all registrations granted under this act and …

81-211. Classification of goods and services. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this act, but not to limit or extend the applicant's or registrant's rights, and a single application for registra…

81-212. Fraudulent registration; liability for damages. Any person who for such person's own behalf, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the provisions of this act, by knowingly making any false or…

81-213. Infringement; liability. Subject to the provisions of K.S.A. 81-217, and amendments thereto, any person who: (a) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with…

81-214. 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 the court seems reasonable, to an injunction against another person's commercial use of a mark or t…

81-215. Remedies. (a) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations of such mark and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, …

81-216. Forum for action regarding registration; service on nonresidents. (a) Actions to require cancellation of a mark registered pursuant to this act or in mandamus to compel registration of a mark pursuant to this act shall be brought in the district court. In an action in man…

81-217. Common law rights. Nothing in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. History: L. 1999, ch. 85, § 17; July 1.

81-218. Fees. The application for registration of a mark and any renewal application shall be accompanied by a filing fee of $25. All other documents filed pursuant to this act shall be accompanied by a filing fee of $5. All fees shall be payable to the secretary of state. Histor…

81-219. Severability. If any provision of this act, or the application of such provision to any person or circumstance is held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or …

81-220. Effect; intent. (a) The provisions of this act shall not affect any suit, proceeding or appeal pending on the effective date of this act. The provisions of this act are controlling as to all acts relating to marks and parts that are inconsistent with this act, except that…

81-301. Lender name, trade name or trademark; solicitation violations; injunction. (a) No person may include the name, trade name or trademark of a lender or a name, trade name or trademark similar to that of a lender in a solicitation for products or services without the consent…