Title 40 — Title 40 — Trade And Commerce
32 chapters · 686 sections in this title.
W.S. § 40-1-201 (a) Definitions
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(a) Definitions. As used in this article: (i) "Demand letter" means a letter, email or other communication asserting or claiming that the target engaged in patent infringement; (ii) "Target" means a person that: (A) Receives a demand letter or other allegation of patent infringem…
W.S. § 40-1-202 Bad faith assertion of patent infringement; prohibited; factors to determine bad faith
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Bad faith assertion of patent infringement; prohibited; factors to determine bad faith. (a) Except as otherwise provided in this article, no person shall make a bad faith assertion of patent infringement as provided in this section. (b) A court may consider any of the following f…
W.S. § 40-1-203 Private right of action
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Private right of action. (a) A target or other person aggrieved by a bad faith assertion of patent infringement in violation of this article may bring an action in a court of proper jurisdiction. A court may award any of the following remedies to a plaintiff prevailing in an acti…
W.S. § 40-1-204 Enforcement
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Enforcement. (a) The attorney general may enforce the provisions of this article and investigate violations of this article. (b) The attorney general or any district attorney may on behalf of the state bring an action for temporary or permanent injunctive or other relief in any c…
W.S. § 40-1-205 (a) Exceptions
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(a) Exceptions. The provisions of this article shall not apply to: (i) A person that owns or has the right to license or enforce a patent if the person is: (A) Notifying another of the ownership right or enforcement right in the patent; (B) Notifying another that the patent is av…
W.S. § 40-1-101 Definitions
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Definitions. (a) The term "trademark" as used in this act means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, a…
W.S. § 40-1-102 Marks which cannot be registered
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Marks which cannot be registered. (a) 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: (i) Consists of or comprises immoral, deceptive or scandalous matter; or (ii) Con…
W.S. § 40-1-103 Application for registration; filing fee
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Application for registration; filing fee. (a) Subject to the limitations set forth in this act, any person who uses a mark in this state may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that …
W.S. § 40-1-104 application
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application. Examination of application; amendment of (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this act. (b) The applicant shall provide any additional per…
W.S. § 40-1-105 Term of registration; renewals
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Term of registration; renewals. (a) Registration of a mark is effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary,…
W.S. § 40-1-106 name
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name. Assignment of marks and registration; change of (a) Any mark and its registration under this act 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 th…
W.S. § 40-1-107 Public record of marks
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Public record of marks. The secretary shall keep for public examination a record of all marks registered or renewed under this act.
W.S. § 40-1-108 Cancellation of registration
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Cancellation of registration. (a) The secretary shall cancel from the register in whole or in part: (i) Repealed By Laws 1997, ch. 112, § 3. (ii) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the …
W.S. § 40-1-109 Classification of marks
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Classification of marks. (a) Repealed By Laws 1997, ch. 112, § 3. (b) Repealed By Laws 1997, ch. 112, § 3. (c) The secretary shall by regulation establish a classification of goods and services for marks for the convenience of administration of this act, but not to limit or exten…
W.S. § 40-1-110 False or fraudulent representations or declarations; liability for damages sustained
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False or fraudulent representations or declarations; liability for damages sustained. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary under the provisions of this act, by knowingly m…
W.S. § 40-1-111 Civil liability
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Civil liability. Subject to the provisions of W.S. 40-1-113 any person who shall (a) use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for…
W.S. § 40-1-112 Remedies
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Remedies. (a) Any owner of a mark 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 s…
W.S. § 40-1-113 Marks acquired at common law
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Marks acquired at common law. Nothing in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
W.S. § 40-1-114 Inapplicable to livestock brands, marks or tags
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Inapplicable to livestock brands, marks or tags. This act shall not be construed to apply to brands, marks or tags on livestock.
W.S. § 40-1-115 Injury to business reputation; dilution
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Injury to business reputation; dilution. (a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another's use of a mark, commencing after the owner's mark becomes famous, which causes dilution of the …
W.S. § 40-1-116 fees
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fees. Powers of secretary of state; filing and other (a) The secretary has the power reasonably necessary to perform the duties required of him by this act including the promulgation of rules and regulations necessary to carry out the purposes of this act. (b) The secretary shall…