Title 40 — Title 40 — Trade And Commerce
32 chapters · 686 sections in this title.
W.S. § 40-2-101 Definitions
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Definitions. (a) As used in this act unless the context otherwise requires: (i) "Applicant" means a person filing an application for registration or reservation of a trade name under this act, his legal representatives, successors or assigns; (ii) "Person" means an individual, co…
W.S. § 40-2-102 (a) Registrability
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(a) Registrability. A trade name shall not be registered if it: (i) Is the same as, or deceptively similar to, a trademark or service mark registered in this state, or is not distinguishable from the names of other business entities as required by W.S. 17-16-401; (ii) Contains an…
W.S. § 40-2-103 Reservation
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Reservation. (a) Any person intending to adopt a trade name for use and intending to apply for registration of a trade name may reserve the trade name in the following manner. Reservation shall be made by filing an application with the secretary of state to reserve a specified tr…
W.S. § 40-2-104 Application for registration
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Application for registration. (a) Subject to the limitations set forth in this act and upon payment of one hundred dollars ($100.00), any person who adopts a trade name for use in this state may file an application for registration of the trade name in duplicate in the office of …
W.S. § 40-2-105 Duration and renewal
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Duration and renewal. (a) Registration of a trade name under this act is effective for ten (10) years. Within six (6) months prior to the expiration of a term, registration may be renewed for additional ten (10) year periods. A renewal fee of fifty dollars ($50.00) shall accompan…
W.S. § 40-2-106 Assignment
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Assignment. Any trade name registered under this act is assignable with the goodwill of the business in which the trade name is used. Assignment shall be by an instrument in writing duly executed and shall be recorded with the secretary of state upon payment of twenty-five dollar…
W.S. § 40-2-107 Cancellation
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Cancellation. (a) The secretary of state shall cancel from the registration record: (i) Any registration upon request for cancellation from the registrant or the assignee of record and upon payment of a fee of ten dollars ($10.00) to the secretary of state to be credited to the g…
W.S. § 40-2-108 Fraudulent registration
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Fraudulent registration. Any person who procures the registration of any trade name in the office of the secretary of state under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudul…
W.S. § 40-2-109 Common-law rights
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Common-law rights. This act shall not adversely affect rights in trade names, or the enforcement of rights in trade names, acquired at any time in good faith at common law.
W.S. § 40-2-110 Powers
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Powers. The secretary of state has the power reasonably necessary to perform the duties required of him by this chapter. The secretary of state shall promulgate reasonable forms, rules and regulations necessary to carry out the purposes of this chapter.
W.S. § 40-2-111 Refusal to file documents
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Refusal to file documents. If the secretary of state refuses to file a document submitted for filing under this act, the secretary of state shall return it to the filing party or representative within fifteen (15) days after the document was delivered, together with a brief, writ…