Title 78 — Title 78 — Trade Marks and Labels

78 O.S. § 1 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 10 Repealed by Laws 1959, p. 373, § 15

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…

production using false, deceptive, or misleading affiliation, connection or association between performing and recording group - 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 fal…

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…

78 O.S. § 11 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 12 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 13 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 14 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 15 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 16 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 17 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 18 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 19 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 2 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 20 Repealed by Laws 1959, p. 373, § 15

(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…

78 O.S. § 3 Repealed by Laws 1959, p. 373, § 15

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.

1980.

78 O.S. § 4 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 41 Repealed by Laws 1976, c. 127, § 1

78 O.S. § 42 Repealed by Laws 1976, c. 127, § 1

78 O.S. § 43 Repealed by Laws 1976, c. 127, § 1

78 O.S. § 44 Repealed by Laws 1976, c. 127, § 1

78 O.S. § 45 Repealed by Laws 1976, c. 127, § 1

78 O.S. § 5 Repealed by Laws 1959, p. 373, § 15

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…

evidence of intent to injure competitors. 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, sponso…

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…

resale. 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 disclos…

78 O.S. § 6 Repealed by Laws 1959, p. 373, § 15

78 O.S. § 7 Repealed by Laws 1959, p. 373, § 15

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.