37-6 TRADEMARK AND SERVICE MARK PROTECTION
TRADEMARK AND SERVICE MARK PROTECTION
Definition of terms used in counterfeiting provisions.
Forgery or counterfeiting of trade-mark as misdemeanor--Fraudulent use--Sale of
goods under counterfeit mark.
Imitation of trade-mark as misdemeanor--Civil penalty.
Definition of terms used in mark registration law.
Application to secretary of state for registration of mark--Contents and signature of
Mark containing immoral, deceptive or scandalous matter not registrable.
Mark disparaging or suggesting connection with persons, institutions, beliefs or
national symbols not registrable.
Mark using or simulating flags or governmental insignia not registrable.
Mark identified with living persons not registrable except by consent.
Deceptive and merely descriptive marks not registrable--Marks made distinctive by
Mark similar to previously used marks not registrable.
Classification of goods and services for mark registration--Registration limited to
Certificate of registration issued by secretary of state--Contents.
Term of registration--Renewal.
Civil liability for damages from fraudulent mark registration.
Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.
Cancellation of registration on request or due to error or fraud.
Cancellation of registration on court findings.
Cancellation of registration on court order.
Cancellation of registrations not renewed.
Public record of registered marks.
Proceedings to enjoin counterfeits or imitations of registered mark--Circuit court
jurisdiction--Damages--Destruction of counterfeits or imitations.
Civil action against person using counterfeit or imitation of registered mark.
Civil action against person counterfeiting or imitating registered mark--Knowledge
required to recover profits or damages.
Common-law rights in marks preserved.
Recording of container markings by register of deeds--Unlawful use of container
covered by recording as petty offense.
Use or possession of marked and registered container prima facie unlawful--Search
Obliteration of registered container mark as misdemeanor.
Nonresidents entitled to protection of containers.
Civil penalty for unauthorized refilling or trafficking in registered containers.