Title XXXI, Trade and Commerce

In this subdivision: I. "Consumer" means a person who purchases home heating oil, kerosene, or liquefied petroleum gas for personal, family, or household purchases. II. "Heating fuel" means heating oil, kerosene, or liquefied petroleum gas. III. "Heating fuel season" means a peri…

I. A contract with a consumer that offers a guaranteed price plan, requires prepayment by the consumer, or similar contracts shall be in writing and shall disclose the terms and conditions of the plan. A solicitation for such a guaranteed price plan that could become a contract u…

Any of the following provisions in an agreement or lease, if one is included, whether oral or written, between a supplier and dealer, shall be void as against public policy: I. Provisions requiring a dealer to take part in any advertising or promotional campaigns which will requi…

It shall be unlawful for any person operating a retail gasoline station to: I. Display, or allow to be displayed on his premises, any sign, placard, or other advertisement relating to the retail price of gasoline unless numerals thereon indicating fractions or portions of a whole…

No person may manufacture or offer for sale in this state urea-formaldehyde foam insulation or a new home or new manufactured housing containing urea-formaldehyde foam insulation.

With prior notice and at reasonable and convenient hours, the department may cause periodic inspections to be made of distributors or retailers of new products listed in RSA 339-G:2, I in order to determine compliance with the provisions of this chapter. The department shall also…

I. Cigarettes which have been certified by a manufacturer in accordance with RSA 339-F:6 shall be marked to indicate compliance with the requirements of this chapter. Such marking shall be in 8 point type or larger and consist of: (a) Modification of the UPC to include a visible …

No person shall aid or assist any other person in violating any of the provisions of this chapter, by depositing or delivering into any tank, pump, receptacle, or other container, any liquid fuels, lubricating oils, greases or other like products, other than those intended to be …

No person shall manufacture or offer for sale any particle board or fiber board or housing unit or manufactured housing constructed of particle board, fiber board, or any similar construction material, containing urea-formaldehyde resin, without a written cautionary statement to …

The department shall cause investigations to be made of complaints received concerning violations of this chapter and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of this chapter.…

No action may be brought under this chapter for a cause of action which arose more than one year prior to the date such action is brought.

I. Any wholesaler, agent, or other person or entity who knowingly sells cigarettes wholesale in violation of RSA 339-F:2, I(c) shall be subject to a civil penalty not to exceed $10,000 for each sale. Any retailer who knowingly sells cigarettes in violation of RSA 339-F:2 shall be…

Constructive notice may be given of a sale of grain, threshed or unthreshed, straw, corn-fodder, hay, flax, potatoes, leaf tobacco, lumber, bark, wood or other fuel, bricks, stones, lime, gypsum, ore, manufacturing or other machinery, or hides in the process of tanning, by writte…

Such vendor and vendee shall make and subscribe an affidavit in substance as follows: We severally swear that the foregoing memorandum is made for the purpose of witnessing the sale and the consideration therefor, and for no other purpose whatever; that the amount therein stated …

Any person, firm or corporation having a place of business within the state, who keeps and maintains for hire a warehouse for the storage of goods, wares, and merchandise of persons, firms or corporations, shall be a public warehouseman. A public warehouseman shall obtain an annu…

If a warehouseman, pursuant to a sale under RSA 382-A:7-210, holds an unclaimed balance of proceeds for the person to whom he would be bound to deliver the goods, such proceeds shall be held subject to the provisions of RSA 471-C.

He shall give bond to the state for the faithful performance of his duties, in an amount and with sureties to be approved by the governor, and may appoint one or more deputies, for whose acts he shall be responsible.

No person shall, with intent to injure or defraud, unlawfully sell, pledge, lend or in any other way dispose of, or permit or be a party to the unlawful selling, pledging, lending or other disposition of, any property stored in a public warehouse, without the authority of the per…

No person shall falsely make, utter, forge or counterfeit, or permit or be a party to the false making, uttering, forging or counterfeiting of, a warehouse receipt, certificate or other instrument, or of the signature of a warehouseman, or of an indorser or other person, to an in…

No person, knowing that his interest in the property described in a warehouseman's receipt has been attached, shall indorse, assign or otherwise dispose of such receipt without disclosing such attachment to the person to whom such receipt is indorsed, assigned or disposed of.

Whoever violates any provision of this subdivision shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.

Whoever is injured by the failure of a public warehouseman to perform his duty, or by his violation of any of the provisions of this chapter, may bring an action for his own benefit, in the name of the state, on the bond of such warehouseman. The writ shall be indorsed by the per…

Such warehouseman shall, upon request in writing by a party placing property with him for storage, cause such property to be insured for whom it may concern.

Every such warehouseman shall give to each person who deposits property with him for storage a receipt therefor, which shall be negotiable in form, shall describe the property, shall state distinctly the brands or distinguishing marks thereon, the rate of charges for storing it a…

The title to property which is stored in a public warehouse under a warehouseman's receipt therefor shall pass to a purchaser or pledgee as provided in RSA 382-A.

Such warehouseman shall keep books in which shall be entered an account of all his transactions relative to the storing and insuring of goods, wares and merchandise, the issuing of receipts therefor and the disposition of proceeds of sales thereof under the provisions of this cha…

The secretary of state shall, at the expense of each warehouseman, give notice of his license and qualification, of the amount of the bond given by him, and also of the discontinuance of his license, by publishing the same for not less than 10 days in one or more newspapers, if a…

I. Every sole proprietor doing business in this state under any name other than the sole proprietor's own name, and every partnership, trust or association doing business in this state shall register the trade name of such business, trust or association in the manner provided in …

Any person who shall for himself, or on behalf of any other person, procure the filing and registration of any trade name in the office of the secretary of state, under the provisions hereof, by making any false or fraudulent representations or declarations, verbally, or in writi…

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

Whenever any member of such partnership or association withdraws therefrom, the partnership or association shall, within 10 days, file in the office of the secretary of state a certificate signed by all members, including the withdrawing member, setting forth the fact of such wit…

Until a certificate as specified in RSA 349:2 is filed, such failure to file shall be prima facie evidence that withdrawal or addition of a partner or discontinuance of partnership has not occurred.

No action commenced against any such person, partnership or association or any member thereof, upon any cause of action growing out of their affairs, transactions or business, shall be abated, nor shall any attachment made upon the writ in such action be affected, by reason of th…

Every person, proprietorship, partnership, or association, as defined in RSA 349:1, engaged in the conduct of any business, enterprise, venture, or activity within the state of New Hampshire under a trade name, firm, or style shall, subject to the limitations hereinafter set fort…

Registration in accordance with the requirements of RSA 349:5 and the reservation of the name, firm or style thereby accomplished shall be effective upon filing and continue in force and effect upon payment of the requisite fees as provided in RSA 349:7 for a period of 5 years af…

There shall be paid to the secretary of state for filing of registration and issuance of certificate of registration a fee of $50. Upon payment of said fee, the secretary of state shall deliver to the person filing and registering such trade name a certificate of registration und…

Every person, proprietorship, partnership or association registered in accordance with the requirements of this subdivision shall be required to reregister at the time of the expiration of the 5-year period set forth in RSA 349:6. The secretary of state shall, at least 6 months p…

Any person who fails to comply with the provisions of the preceding sections of this chapter shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

As used in this chapter, unless the context requires otherwise: I. "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means. II. "Misappropriation" means: (a) Acquis…

I. The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others. II. The term "service mark" as used herein means…

I. "Customer" means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate or otherwise make a product or prod…

Any 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 of state under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writin…

Subject to the provisions of RSA 350-A:13, any 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, offering for sale, or advertising of an…

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 competition be…

I. 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 m…