Title 78, Trade Marks and Labels

This act shall be known and may be cited as the “Truth in Music Advertising Act”. Added by Laws 2009, c. 105, § 1, eff. Nov. 1, 2009.

As used in this act: 1. “Performing group” means a vocal or instrumental group seeking to use the name or another group that has previously released a commercial sound recording under that name; 2. “Recording group” means a vocal or instrumental group at least one of whose member…

Exceptions. It shall be unlawful for any person to advertise or conduct a live musical performance or production in this state through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. This section…

A. Whenever the Attorney General or a district attorney has reason to believe that any person is advertising or conducting or is about to advertise or conduct a live musical performance or production in violation of Section 3 of this act and that proceedings would be in the publi…

A person who violates Section 3 of this act shall be liable to the State of Oklahoma for a civil penalty of not less than Five Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars ($15,000.00) per violation, which civil penalty shall be in addition to any other rel…

(A) The term "trademark" as used herein means any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold or services rendered by him and to distinguish them from goods made or sold or services rendered by other…

A trademark by which the goods or services of any applicant for registration may be distinguished from the goods 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 may disparag…

A. Subject to the limitations set forth in this title, any person who adopts and uses a trademark 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 trademark setting forth, …

Upon compliance by the applicant with the requirements of this act, the Secretary of State 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 of State and the …

A. Registration of a trademark pursuant to the provisions of this title shall be effective for an initial term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, on a form to be furnished by the …

Any trademark and its registration shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. Assignment shall be by instruments in writing du…

The Secretary of State shall keep for public examination a record of all trademarks registered or renewed under this act. Laws 1959, p. 371, § 7.

A. The Secretary of State shall cancel from the register: 1. After one (1) year from the effective date of this act, all registrations under prior acts which are more than ten (10) years old and not renewed in accordance with this act; 2. Any registration concerning which the Sec…

The following general classes of goods and services are established 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 registration of a trademark may include any or all goods upon which o…

Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any trademark 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 w…

Subject to the provisions of Section 13 hereof, any person who shall (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this act in connection with the sale, offering for sale, or advertising…

Any owner of a trademark registered under this act 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 may…

Nothing herein shall adversely affect the right or the enforcement of rights in trademarks acquired in good faith at any time at common law. Laws 1959, p. 373, § 13.

This act may be cited as the Oklahoma Deceptive Trade Practices Act. Laws 1965, c. 234, § 1.

As used in this act, unless the context otherwise requires: 1. "Article" means a product as distinguished from a trademark, label, or distinctive dress in packaging; 2. "Certification mark" means a mark used in connection with the goods or services of a person other than the cert…

A. A person engages in a deceptive trade practice when in the course of business, vocation, or occupation, the person: 1. Passes off goods or services as those of another; 2. Knowingly makes a false representation as to the source, sponsorship, approval, or certification of goods…

A. Any person damaged or likely to be damaged by a deceptive trade practice of another may maintain an action in any court of equitable jurisdiction to prevent, restrain or enjoin such deceptive trade practice. Proof of actual monetary damages, loss of profits or intent shall not…

A. This act does not apply to: 1. Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency; 2. Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction o…

A. It shall be an unfair business practice for a for-profit entity or natural person to collect donations of unwanted clothing and household items via a public receptacle and resell the donated items for profit unless the donation receptacle prominently displays a disclosure labe…

This act shall be known and may be cited as the "American Indian Arts and Crafts Sales Act of 1974". Laws 1974, c. 149, § 1, emerg. eff. May 3, 1974.

The purpose of the American Indian Arts and Crafts Sales Act of 1974 is to protect the public, under the police powers of the state, from false representation in the sale of authentic and imitation American Indian arts and crafts. Laws 1974, c. 149, § 2, emerg. eff. May 3, 1974.

As used in the American Indian Arts and Crafts Sales Act of 1974, unless the context otherwise requires, the following terms or phrases shall have the following meanings: 1. "American Indian tribe" means any Indian tribe federally recognized by the Bureau of Indian Affairs of the…

It is unlawful to distribute, trade, sell or offer for sale or trade within this state any article represented as being made by American Indians unless the article actually is made or assembled by American Indian labor or workmanship. All articles purporting to be of silver shall…

Any merchant who knowingly and willfully tags or labels any article as being an American Indian art or craft when it does not meet the specifications of the American Indian Arts and Crafts Sales Act of 1974 shall be guilty of violating the provisions of the Act and shall be punis…

The term "honey", "liquid or extracted honey", "strained honey" or "pure honey" as used in this act, shall mean the nectar of plants or flowers that has been transformed by, and is the natural product of the honeybee, either in the honeycomb or taken from the honeycomb and market…

(a) No person shall sell, keep for sale, expose or offer for sale, any article or product in imitation or semblance of honey branded as "honey", "liquid or extracted honey", "strained honey" or "pure honey" which is not pure honey. (b) No person, firm, association, company or cor…

The word "imitation" shall not be used in the name of a product which is in semblance of honey whether or not it contains any honey. The label for a product which is not in semblance of honey and which contains honey may include the word "honey" in the name of the product and the…

No person shall sell, keep for sale, or expose or offer for sale, any honey as defined by Section 81 of this title which originates from a country other than the United States of America, unless there is printed on the package containing such honey a statement specifying the coun…

Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished as and for a misdemeanor. Laws 1975, c. 68, § 4.

Sections 1 through 11 of this act shall be known and may be cited as the "Uniform Trade Secrets Act". Added by Laws 1986, c. 85, § 1, eff. Nov. 1, 1986.

As used in the Uniform Trade Secrets Act, unless the context requires otherwise: 1. "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. 2. "Misappropriation" m…

A. Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial a…

A. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the a…

The court may award reasonable attorney's fees to the prevailing party if: 1. A claim of misappropriation is made in bad faith; or 2. A motion to terminate an injunction is made or resisted in bad faith; or 3. Willful and malicious misappropriation exists. Added by Laws 1986, c. …

In an action brought pursuant to the provisions of the Uniform Trade Secrets Act, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting protective orders in connection with discovery proceedings pursuant to the provisions of…

An action for misappropriation must be brought within three (3) years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim. Added…

A. Except as provided for in subsection B of this section, the Uniform Trade Secrets Act displaces conflicting tort, restitutionary, and other law of this state providing civil remedies for misappropriation of a trade secret. B. The Uniform Trade Secrets Act does not affect: 1. c…

The Uniform Trade Secrets Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it. Added by Laws 1986, c. 85, § 9, eff. Nov. 1, 1986.

The Uniform Trade Secrets Act shall not be construed to apply: 1. to a misappropriation occurring prior to the effective date of this act; or 2. with respect to a continuing misappropriation that began prior to the effective date of this act, to the continuing misappropriation th…