Title 09, Title 09: Commerce and Trade

§ 2525. Assignments Title to any trademark and its registration hereunder may be transferred and assigned to any person together with the goodwill of the business to which such trademark pertains or with that part of the goodwill of the business connected with the use of and symb…

§ 2526. Applications for registration; classification All applications for registration of a trademark and renewals or assignments thereof shall be on forms prescribed by the Secretary of State. The Secretary of State shall establish classes of merchandise for the purpose of trad…

§ 2527. Suitability for registration (a) The Secretary of State shall not register a trademark that consists of or comprises immoral, deceptive, or scandalous matter; or matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs,…

§ 2528. Fraudulent registration Any person who shall for himself, herself, or on behalf of any other person, procure the filing and registration of any trademark by making knowingly and willfully any false or fraudulent representations or declarations, verbally, or in writing, or…

§ 2529. Enjoining use of counterfeits or imitations A person who has adopted and registered a trademark as aforesaid, may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof, and the Superior Court may grant injunctions to re…

§ 2530. Violations Subject to the provisions of section 2532 of this title, no person shall knowingly and willfully: (1) falsely make, counterfeit, imitate, sell, offer for sale, or in any way utter or circulate any trademark that has been registered in accordance with the provis…

§ 2531. Penalties Subject to the provisions of section 2532 of this title, any person who violates any of the provisions of section 2530 of this title shall be fined not more than $500.00 or imprisoned for not more than one year, or both, and shall be liable to pay all damages su…

§ 2532. Prior rights Nothing in this subchapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. (Amended 2021, No. 20, § 26.)

§ 2571. Publication and registration of name or mark of owner A person or corporation engaged in buying, selling, or dealing in milk, cream, or nonintoxicating beverages in receptacles, or a licensed buyer, dealer in, or vendor of, intoxicating beverages, whose name, mark, or oth…

§ 2572. Penalty for use of mark without consent of owner A person who, without the owner’s consent, buys, sells, takes, uses in his or her business, conceals, or disposes of a receptacle belonging to a person or corporation that has complied with the provisions of section 2571 of…

§ 2573. Mutilating receptacle or erasing name; penalty A person who willfully destroys, mutilates, or defaces a receptacle bearing the name or other device of an owner who has complied with the provisions of section 2571 of this title, or willfully erases, mars, covers, or change…

§ 2574. Destroying or polluting butter crates or carriers; penalty A person who puts any unclean or foul matter into a receptacle, the owner of which has complied with the provisions of section 2571 of this title, or who mutilates, destroys, or pollutes a butter crate or carrier,…

§ 2575. Search warrant; judicial proceedings If a person or corporation that has complied with the provisions of section 2571 of this title, or the agent of such person or corporation, makes oath before a judge of a Criminal Division of the Superior Court that he or she has reaso…