Chapter 132, TRADEMARKS, BADGES AND LABELED PRODUCTS

132.001 Definitions. In this chapter, unless the context indicates otherwise: (1) “Counterfeit mark” means a spurious mark that is identical to or substantially identical to a genuine mark and that is used or intended to be used on or in connection with goods or services for whic…

132.01 Marks. (1) Any person, firm, partnership, corporation, association, or union of workingmen, which has heretofore adopted or used or shall hereafter adopt or use any mark for the purpose of designating, making known, or distinguishing any goods, wares, merchandise, service,…

132.02 Duplication or reproduction. (1) It shall be unlawful for any person, firm, partnership, corporation, association or union of workingmen, without the consent of the owner of any mark, to remove any such mark attached to merchandise or products of labor, for the purpose of …

132.03 Penalty. Every person who knowingly and willfully violates s. 132.01 or 132.02, except those provisions relative to emergency repairs, shall be imprisoned for not more than 6 months or fined not more than $10,000 or both. History: 1985 a. 181.

132.031 Certificate; evidence. The department shall deliver to the person, corporation, association or union so filing or causing to be filed any such mark, or any assignment of such subject matter previously registered, or to any person, corporation, association or union renewin…

132.032 Fraudulent filing; remedies. Any person who, for himself, herself or on behalf of any other person, association or union, procures the filing and recording of any mark by making any false or fraudulent representations or declarations, verbally or in writing, or by any oth…

132.033 Suit to enjoin use of mark. (1) Every person, association or union adopting or using a mark may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeit mark identical to or substantially identical to that mark. (2) (a) If the person, association…

132.04 Filing, publication and cancellation of description; fees. (1) Any person who is the owner of cans, tubs, firkins, boxes, bottles, casks, barrels, kegs, cartons, tanks, fountains, vessels or containers with his or her names, brands, designs, trademarks, devices or other ma…

132.05 Sale of receptacle by other than owner prohibited. It is unlawful for any person, without the written consent of the owner or the owner’s agent, to keep for sale any can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container that is marke…

132.06 Use of receptacle by other than owner; as to junk dealers. The use by any person, other than the owner or the owner’s agent, of any can, tub, firkin, box, bottle, cask, barrel, keg, carton, tank, fountain, vessel or container, as described in s. 132.04, for the sale of any…

132.07 Penalty for unlawful use. Any person or persons or corporation or any officer or agent of any corporation acting for or in the name of such corporation who knowingly and willfully with intent to unlawfully convert to his or her own use violates s. 132.04, 132.05, 132.06 or…

132.08 Rights of owner to injunction. Every such person or corporation having complied with ss. 132.04 to 132.08, may proceed by suit to enjoin any other person or corporation from filling with any substance, commodity or product for the sale therein of such substance, commodity …

132.11 Record of brands, etc. (1) The department shall do all of the following: (a) Upon application by any person, or firm domiciled in this state or by any corporation created under the laws thereof, or by a foreign corporation licensed to do business therein and engaged in the…

132.13 Labeling prison products; penalty. (1) (a) All goods, wares, and merchandise made wholly or in part by convict labor in any penitentiary, prison, reformatory or other establishment in which convict labor is employed except convicts or prisoners on parole, extended supervis…

132.16 Lodge names, insignia; registration; fees; penalty. (1) In this section: (a) “Organization” means any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association; historical, military, or veterans organization; l…

132.17 Certain badges; penalty for unauthorized wearing. Any person who shall willfully wear the insignia, rosette, or badge or any imitation thereof, of the military order of the Loyal Legion of the United States, the Grand Army of the Republic, the United Spanish War Veterans, …

132.18 Use of gaseous compounds in containers. (1) No person, firm or corporation, excepting the manufacturer thereof or persons authorized by said manufacturer so to do, shall sell or offer for sale or deliver, carbon dioxide, acetylene, oxygen, hydrogen or any other gas or gase…

132.19 Use of mark without authority. Every person who knowingly and willfully uses or displays the genuine mark of any person, association or union in any manner, or in or about the sale of goods or merchandise not being authorized so to do by such person, union or association, …

132.20 Trafficking in counterfeit marks. (1) In this section, “traffic” means any of the following: (a) Transfer, assign or dispose of. (b) Advertise, promote or offer to transfer, assign or dispose of. (c) Receive, possess, transport or exercise control of, with intent to transf…

132.25 Common law rights. Nothing in this chapter affects any right in a mark which is acquired under common law. History: 1985 a. 181.