Massachusetts Statutes

Section 18. The chief information officer and the supervisor of records shall encourage and promote consistency and interoperability with other governmental agencies and nongovernmental persons. If appropriate, they may specify differing levels of standards from which governmenta…

Section 2. In this chapter, the following words shall have the following meanings:— ''Agreement'', the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under …

Section 3. (a) Except as otherwise provided in subsection (b), this chapter applies to electronic records and electronic signatures relating to a transaction. (b) This chapter shall not apply to a transaction to the extent it is governed by: (1) A law governing the creation and e…

Section 4. This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this chapter.

Section 5. (a) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (b) This chapter applies only to transactions between parties each of which…

Section 6. This chapter shall be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) t…

Section 7. (a) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (c) If a law requires a re…

Section 8. (a) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be…

Section 9. (a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the el…

Section 1. As used in this chapter, the following words shall, unless the context requires otherwise, have the following meanings:— ''Applicant'', a person filing an application for registration of a mark under this chapter, and the legal representatives, successors, or assigns o…

Section 10. The secretary shall by regulation establish a classification of goods and services 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 mark may include any…

Section 11. A person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under this chapter, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by a…

Section 12. Subject to section 16, a person who shall:— (i) 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 sale, distribution, offering for sale, or advertising…

Section 13. 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 relief notwithstanding the absence of co…

Section 14. (a) An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and the superior court may grant injunctions to restrain the manufacture, use, display or sale as may be …

Section 15. (a) Actions to require cancellation of a mark registered pursuant to this chapter or in mandamus to compel registration of a mark pursuant to this chapter shall be brought in the superior court. In an action in mandamus, the proceeding shall be based solely upon the r…

Section 16. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

Section 17. The secretary shall by regulation prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable herein are not refundable.

Section 2. A mark by which the goods or services of an 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 comprises matter whi…

Section 3. (a) Subject to the limitations set forth in this chapter, a 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, but not limited to, the…

Section 4. (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 chapter. (b) The applicant shall provide any additional pertinent information requested by the sec…

Section 5. (a) Upon compliance by the applicant with the requirements of this chapter, 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 signature of the secretary and the…

Section 6. (a) A registration of mark hereunder shall be effective for a term of 5 years from the date of registration and, upon application filed within 6 months before the expiration of the term, in a manner complying with the requirements of the secretary, the registration may…

Section 7. (a) A 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 instruments in wr…

Section 8. The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded pursuant to section 7.

Section 9. (a) The secretary shall cancel from the register, in whole or in part:— (1) a registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (2) registrations granted under this chap…