2007 -- S 0834
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
; 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
(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.