Title 47 — Property

As used in this chapter, unless the context otherwise requires, the term: 1. "Applicant" embraces the person filing an application for registration of a mark under this chapter and that person's legal representatives, successors, or assigns. 2. "Mark" includes any trademark or se…

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 scandalous matter; 2. Consists of or comprises matter which may disp…

Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not lim…

Upon compliance by the applicant with the requirements of this chapter, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration must be issued under the signature of the secretary of state and t…

Registration of a mark hereunder is effective for a term of ten years from the date of registration and, upon application filed prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed in the same manner as a new a…

Any mark and its registration hereunder 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. Assignment must be made by the assignor on forms provid…

Any registrant that effects a name change must record that name change with the secretary of state. The secretary of state must record the name change upon the payment of a fee of thirty dollars and filing of the following: 1. A notarized statement reciting the name change if the…

The secretary of state shall keep for public examination a record of all marks registered or renewed under this chapter.

The secretary of state shall cancel from the register: 1. Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record on forms prescribed by the secretary of state. 2. All regist…

The following general classes of goods and services are established 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 goods upon which, o…

Any person who shall for that person, 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 wr…

Subject to the provisions of section 47-22-13, any person who shall: 1. 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 o…

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 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.