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CHAPTER 37-6

TRADEMARK AND SERVICE MARK PROTECTION

37-6-1      Definition of terms used in counterfeiting provisions.
37-6-2      Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of goods under counterfeit mark.
37-6-3      Imitation of trade-mark as misdemeanor--Civil penalty.
37-6-4      Definition of terms used in mark registration law.
37-6-5      Application to secretary of state for registration of mark--Contents and signature of application--Facsimile--Filing fee.
37-6-5.1      Superseded.
37-6-6      Mark containing immoral, deceptive or scandalous matter not registrable.
37-6-7      Mark disparaging or suggesting connection with persons, institutions, beliefs or national symbols not registrable.
37-6-8      Mark using or simulating flags or governmental insignia not registrable.
37-6-9      Mark identified with living persons not registrable except by consent.
37-6-10      Deceptive and merely descriptive marks not registrable--Marks made distinctive by previous use.
37-6-11      Mark similar to previously used marks not registrable.
37-6-12      Classification of goods and services for mark registration--Registration limited to single class.
37-6-13      Certificate of registration issued by secretary of state--Contents.
37-6-14      Term of registration--Renewal.
37-6-15      Omitted.
37-6-16      Civil liability for damages from fraudulent mark registration.
37-6-17      Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
37-6-18      Cancellation of registration on request or due to error or fraud.
37-6-19      Cancellation of registration on court findings.
37-6-20      Cancellation of registration on court order.
37-6-21      Cancellation of registrations not renewed.
37-6-22      Public record of registered marks.
37-6-23      Omitted.
37-6-24      Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court jurisdiction--Damages--Destruction of counterfeits or imitations.
37-6-25      Civil action against person using counterfeit or imitation of registered mark.
37-6-26      Civil action against person counterfeiting or imitating registered mark--Knowledge required to recover profits or damages.
37-6-27      Common-law rights in marks preserved.
37-6-28      Recording of container markings by register of deeds--Unlawful use of container covered by recording as petty offense.
37-6-29      Use or possession of marked and registered container prima facie unlawful--Search warrant.
37-6-30      Obliteration of registered container mark as misdemeanor.
37-6-31      Nonresidents entitled to protection of containers.
37-6-32      Civil penalty for unauthorized refilling or trafficking in registered containers.


Back to Title 37