CHAPTER 2. Model State Trademark Law [14200. - 14272.]
Chapter 2 repealed and added by Stats. 2007, Ch. 711, Sec. 2.
§§ 14200–14272 · 22 sections
ARTICLE 1. General Provisions §§ 14200–14202 · 2 sections
ARTICLE 2. Application for Registration §§ 14205–14209 · 3 sections
- § 14205 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…
- § 14207 (a) Subject to the limitations set forth in this chapter, a person who uses a mark may file with the secretary, on a form prescribed by the secretary, an…
- § 14209 (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…
ARTICLE 3. Certificate of Registration §§ 14215–14217 · 2 sections
- § 14215 (a) Upon compliance by the applicant with the requirements of this chapter, the secretary shall cause a certificate of registration to be issued and delivered…
- § 14217 (a) A registration of mark pursuant to this chapter shall be effective for a term of five years from the date of registration and, upon application filed…
ARTICLE 4. Assignments, Changes of Name, and Other Instruments § 14220 · 1 section
- § 14220 (a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good…
ARTICLE 5. Records § 14225 · 1 section
- § 14225 The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded…
ARTICLE 6. Cancellation § 14230 · 1 section
- § 14230 The secretary shall cancel from the register, in whole or in part, any of the following: (a) Any registration concerning which the secretary receives a…
ARTICLE 7. Classification § 14235 · 1 section
- § 14235 The classification of goods and services shall conform to the classifications adopted by the United States Patent and Trademark Office. A single application…
ARTICLE 8. Fraudulent Registration § 14240 · 1 section
- § 14240 Any person who, either for himself or herself or on behalf of another person, procures the filing or registration of any mark pursuant to this chapter by…
ARTICLE 9. Violations §§ 14245–14259 · 6 sections
- § 14245 (a) A person who does any of the following shall be subject to a civil action by the owner of the registered mark, and the remedies provided in Section 14250:…
- § 14247 (a) Subject to the principles of equity, an owner of a mark that is famous and distinctive, whether inherently or through acquired distinctiveness, shall be…
- § 14250 (a) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits thereof and any…
- § 14252 The enumeration of any right or remedy herein shall not affect a registrant’s right to prosecute under any penal law of this state, including, but not limited…
- § 14254 (a) Actions to require cancellation of a mark registered pursuant to this chapter or in mandamus to compel registration of a mark pursuant to this chapter…
- § 14259 Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time within common law.
ARTICLE 10. Fees § 14260 · 1 section
- § 14260 Unless specified by the secretary, the fees payable herein are not refundable.
ARTICLE 11. Severability § 14265 · 1 section
- § 14265 If any provision of this chapter, or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter shall not…
ARTICLE 12. Miscellaneous §§ 14270–14272 · 2 sections