Title 75, Regulation of Trade, Commerce and Investments

(a) As used in this chapter:(a) “Person” means natural persons, corporations, trusts, partnerships, incorporated and unincorporated associations, and any other legal entity.(b) “Trade” and “commerce” mean the advertising, offering for sale, or distribution of any services and any…

Sections 75-24-301 through 75-24-311 shall be known as the “Insurance Benefits Roofing Repair Consumer Protection Act.”

Sections 75-24-301 through 75-24-311 apply to a residential roofing repair contract under which a person has contracted with a residential roofing contractor to provide goods or services expected to be paid, in whole or in part, from the benefits of a property and casualty insura…

(a) As used in Sections 75-24-301 through 75-24-311:(a) “Emergency services” means services performed with the express permission of the insured and that are immediately necessary for:(i) The preservation of the residential real estate; or(ii) The health of the insured, owner or …

(1) Before signing an insurance benefits residential roof system repair contract with an insured, a residential roofing contractor shall furnish to the insured:(a) The following statement in at least 12-point boldface type that is attached to the contract:“You may cancel this ins…

(1) When any residential roofing contractor in an insurance benefits residential roof system repair contract with an insured commences work before the insured’s right to cancel under subsection (2) has expired, the contractor is not allowed to receive payment for such work done b…

(1) Any residential roofing contractor in violation of Sections 75-24-301 through 75-24-311 shall be subject to the civil and criminal penalties and remedies under Sections 75-24-19, 75-24-20 and 75-24-23, and may be liable under a private right of action of the consumer. (2) A v…

(a) The following words shall have the following meaning, unless the content clearly states otherwise:(a) “Affiliated person” means a person under common ownership or control of an intended recipient.(b) “Intended recipient” means a person who purchases, rents, leases or otherwis…

(1) It is a violation of Sections 75-24-351 through 75-24-357 for a person, in connection with the assertion of a United States patent, to send, or cause any person to send, any written or electronic communication that states that the intended recipient or any affiliated person i…

(1) The Attorney General shall have the authority under Sections 75-24-351 through 75-24-357 to conduct civil investigations and bring civil actions. (2) In an action brought by the Attorney General under Sections 75-24-351 through 75-24-357, the court may award or impose any rel…

(a) An intended recipient alleging a violation of Sections 75-24-351 through 75-24-357 may bring an action in any circuit court in this state. A court shall award litigation costs and fees, including reasonable attorney’s fees, to a plaintiff who prevails in an action brought pur…

(1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9. (2) Without limiting the scope of subsection (1) of t…

(a) As used in Sections 75-24-51 through 75-24-61, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:(a) The term “goods” includes any personal property, real property, or any combination thereof;(b) …

No person who has granted a franchise to another person shall cancel or otherwise terminate any such franchise agreement without notifying such person of the cancellation, termination or failure to renew in writing at least ninety (90) days in advance of the cancellation, termina…

Franchise companies shall not represent directly or by implication that prospective participants may or will earn any stated gross or net amount, or represent in any manner, the past earnings of participants unless in fact the past earnings or predicted gross or net amount repres…

Any sales contract for a pyramid sales scheme made in violation of Section 75-24-53 is void and any person who, directly or through the use of agents or intermediaries, induces or causes another person to participate in a pyramid sales scheme will be subject to the remedy and pro…

In addition to other penalties and remedies provided in Sections 75-24-51 through 75-24-61, whenever it appears that any person is engaged or is about to engage in any act or practice which is prohibited by Sections 75-24-51 through 75-24-61, the Attorney General may bring an act…

Any person willfully violating any of the provisions of Section 75-24-53 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or b…

Sections 75-24-51 through 75-24-61, Mississippi Code of 1972, shall not apply to retailers as defined in Section 75-77-1, Mississippi Code of 1972.

(a) Nothing in this chapter shall apply to acts done by:(a) The publisher, owner, agent or employee of a newspaper, periodical, printing shop, directory or radio or television station in the publication or dissemination of an advertisement, when the owner, agent or employee did n…

(a) As used in Sections 75-24-71 through 75-24-77, the following words and phrases shall have the meanings as described in this section, unless the context clearly indicates otherwise:(a) “Bona fide inventory repurchase program” means a program by which an entity repurchases from…

(1) A person may not establish, promote, or operate any pyramid promotional scheme. Any limitation regarding the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does no…

In addition to other penalties and remedies provided in Sections 75-24-71 through 75-24-77, whenever it appears that any person is engaged or is about to engage in any act or practice which constitutes a pyramid sales scheme or which is prohibited by Sections 75-24-71 through 75-…

Any person willfully violating any of the provisions of Section 75-24-73 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months or b…

(1) The following words and phrases when used in this section have the meaning respectively ascribed to them, except for instances where the context clearly describes and indicates a different meaning:(a) “Additional mandatory charge” means any separately stated charges that a re…

Whenever the Attorney General has reason to believe that any person is using, has used, or is about to use any method, act or practice prohibited by Section 75-24-5, and that proceedings would be in the public interest, he may bring an action in the name of the state against such…

(1) The term “service contract,” “home warranty” or “home service contract,” as used in this section, means a contract or agreement for a separately stated consideration for a specific duration to perform the repair, replacement or maintenance of property or to reimburse, in whol…

(a) As used in this chapter the following terms shall have the meaning indicated:(a) The term “trademark” as used herein 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 pr…

(a) A registration of a mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registrat…

(a) 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 instruments in writing dul…

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 75-25-13.

(a) The secretary shall cancel from the register, in whole or in part:(a) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;(b) All registrations granted under this chapter and …

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 or all good…

Any person who shall for himself or herself, or on behalf of any other persons, procure the filing or registration of any mark in the office of the secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, orally or in writi…

(a) Subject to the provisions of Section 75-25-31 hereof, any person who shall:(a) 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 …

(a) Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person’s commercial use of a mark or trade name, if such use begins after…

(a) Any 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 any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as …

(a) Actions to require cancellation of a mark registered pursuant to this chapter or to appeal the secretary’s refusal to register a mark pursuant to this chapter shall be brought in the First Judicial District of the Hinds County Chancery Court. In an appeal of the secretary’s r…

(a) 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:(a) Consists of or comprises immoral, deceptive or scandalous matter; or(b) Consists of or comprises matter which ma…

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

Fees required by this chapter shall be submitted to the secretary and shall not be refundable. The amount of such fees shall be as follows: Resident Application$ 50.00 Nonresident Application$ 60.00 Resident Renewal$ 50.00 Nonresident Renewal$ 60.00 Assignment$ 50.00

If any provision of this chapter, or the application of such provision to any person or circumstances is held invalid, the remainder of this chapter shall not be affected thereby.

The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal …

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

(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 secretary incl…

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 seal of the st…