Chapter 486

2007 -- S 0834

Enacted 07/06/07

A N A C T

RELATING TO COMMERCIAL LAW - GENERAL REGULATORY PROVISIONS - REGISTRATION AND PROTECTION OF TRADEMARKS

Introduced By: Senator William A. Walaska

Date Introduced: March 07, 2007

It is enacted by the General Assembly as follows:

     SECTION 1. Section 6-2-2 and 6-2-4 of the General Laws in Chapter 6-2 entitled

"Registration and Protection of Trademarks" are hereby amended to read as follows:

6-2-2. Application for registration. -- (a) Subject to the limitations stated in this chapter,

any person who adopts and uses a mark may file in the office of the secretary of state, on a form

to be furnished by him or her, an application for registration of that mark stating, but not limited

to, the following information:

      (1) The name and business address of the person applying for the registration, and, if a

business corporation, non-profit corporation, limited liability partnership, limited partnership, or

limited liability company, the state of incorporation; or formation, as applicable;

      (2) The goods or services in connection with which the mark is used and the mode or

manner in which the mark is used in connection with the goods or services, and the class in which

the goods or services fall;

      (3) The date when the mark was first used anywhere and the date when it was first used

in the state by the applicant or his or her predecessor in business; and

      (4) A statement that the applicant is the owner of the mark and that no other person has

the right to use the mark in the state, either in the identical form of the mark or in such near

resemblance to it as might be calculated to deceive or to be mistaken for it.

      (b) The application shall be signed and verified by the applicant or by a member of the

firm or an officer of the business corporation non-profit corporation, authorized partner of the

limited liability partnership, general partner of the limited partnership, authorized person of the

limited liability company, or association applying for registration.

      (c) The application shall be accompanied by a specimen or facsimile of the mark in

triplicate.

      (d) The application for registration shall be accompanied by a filing fee of fifty dollars

($50.00), payable to the secretary of state.

6-2-4. Certificate of registration. -- (a) Upon compliance by the applicant with the

requirements of this chapter, the secretary of state shall cause a certificate of registration to be

issued and delivered to the applicant.

      (b) The certificate of registration shall be issued under the signature of the secretary of

state and the seal of the state, and it shall show the name and business address and, if a business

corporation, non-profit corporation, limited liability partnership, limited partnership or limited

liability company, the state of incorporation, or formation, as applicable, of the person claiming

ownership of the mark, the date claimed for the first use of the mark anywhere and the date

claimed for the first use of the mark in the state, the class of goods or services and a description

of the goods or services on which the mark is used, a reproduction of the mark, the registration

date, and the term of the registration.

      (c) Any certificate of registration issued by the secretary of state under the provisions of

this section, or a copy of a certificate of registration duly certified by the secretary, shall be

admissible in evidence as competent and sufficient proof of the registration of the mark in any

action or judicial proceedings in any court of the state.

      (d) Registration of or renewal of a mark provided by this chapter shall be constructive

notice of the registrant's claim of ownership and shall, when introduced in any action, be prima

facie evidence of the registrant's exclusive right to use the registered mark in this state on goods

or services specified in the registration subject to any conditions or limitations stated in the

registration, but shall not preclude an opposing party from proving any legal or equitable defense

or defect which might have been asserted if the mark had not been registered.

     SECTION 2. This act shall take effect upon passage.

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LC02402

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