Sec. 45.50.010. Registrability.
 (a) A mark may not be registered if it consists of or comprises
     (1) immoral, deceptive, or scandalous matter;

     (2) matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;

     (3) the flag, coat of arms, or other insignia of the United States, this or another state, a municipality of this or another state, a foreign nation, or simulation of any of these;

     (4) the name, signature, or portrait identifying a living individual, except with the written consent of the individual;

     (5) a mark that, (A) when used on or in connection with goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; (B) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; (C) is primarily merely a surname; however, this paragraph does not prevent the registration of a mark used by the applicant that has become distinctive of the applicant's goods or services; the commissioner may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use of the mark as a mark by the applicant in this state for the five years immediately preceding the date on which the claim of distinctiveness is made;

     (6) a mark that so resembles a mark registered in the state or in the United States Patent and Trademark Office, or a mark previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive; or

     (7) a mark that so resembles the name of another organized entity, or a reserved or registered name, that the mark is likely to cause confusion or mistake or to deceive; the form of operation of the organized entity without the mark, or of the person without the mark who holds the right to the reserved or registered name, is not a factor in determining whether the mark resembles a name under this paragraph; in this paragraph, �organized entity� and �reserved or registered name� have the meanings given in AS 10.35.040.

 (b) For purposes of this section,
     (1) �descriptive� means a word or combination of words that describes one or more of the characteristics of the goods or services, such as, what the goods or services are, what the goods are made of, or what the goods or services are used for; however, an otherwise descriptive word or combination of words can, as a secondary meaning, become accepted as identifying the goods or services of the applicant, in which case it is no longer merely descriptive;

     (2) �misdescriptive� means a word or combination of words that falsely describes the nature, function, or capacity of goods or services.




Sec. 45.50.020. Application for registration.
Subject to limitations under AS 45.50.010 � 45.50.205, a person who uses a mark in the state may file with the commissioner, on a form furnished by the department and in a manner complying with AS 45.50.010 � 45.50.205, an application for registration of that mark setting out the following information:
     (1) the name and business address of the registrant and, if the registrant is a
          (A) corporation, the state of incorporation; or

          (B) partnership, the state in which the partnership is organized and the names of the general partners;

     (2) the goods or services on or in connection with which the mark is used, the manner in which the mark is used on or in connection with the goods or services, and the class of the goods or services;

     (3) the date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest;

     (4) a statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the individual signing the application, no other person has the right to use the mark either in the identical form or in a near resemblance to it as to be likely, when applied to the goods or services of another person, to cause confusion or mistake, or to deceive; and

     (5) a statement as to whether the applicant, or a predecessor in interest, has filed an application to register the mark, or portions or a composite of the mark, with the United States Patent and Trademark Office, and, if so, information regarding that application, including the filing date and serial number, the status of that application, whether that application was refused registration or otherwise did not result in a registration, and, if so, the reasons that application did not result in a registration.




Sec. 45.50.025. Procedure concerning application.
 (a) Upon the filing of an application for registration of a mark and payment of the application fee, the commissioner shall examine the application for conformity with AS 45.50.010 � 45.50.205. The commissioner may request additional information, including a description of a design mark, suggest amendments to the application, or suggest that a new application be filed. The applicant may provide the additional information requested, authorize the commissioner to make amendments to the application, or withdraw the application and file a new one to respond to a potential objection or rejection.

 (b) As a condition of registration, the commissioner may require the applicant to disclaim an unregistrable component of a mark, or an applicant may voluntarily disclaim a component of a mark originally sought to be registered. A disclaimer under this subsection does not prejudice or affect the rights of an applicant or registrant
     (1) in the disclaimed matter that exist at the time of the disclaimer or that arise later; or

     (2) to register the disclaimed matter in another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services.

 (c) If an applicant is found not to be entitled to registration of a mark, the commissioner shall notify the applicant and inform the applicant of the reasons for the finding. The commissioner shall give the applicant a reasonable period of time in which to reply or amend the application. If a reply or amendment is delivered to the commissioner within the designated period, the commissioner shall reexamine the application. Before making a final decision, an application may be amended and reexamined as many times as the commissioner determines to be necessary. However, if the applicant fails to reply or amend the application within the period designated by the commissioner, the application is considered abandoned.

 (d) When the commissioner makes a final decision on the application, the commissioner shall notify the applicant in writing of the decision and that the decision is final, setting out the reasons for the decision if the application is disapproved. The applicant may appeal the commissioner's final decision to the superior court. The court may enter judgment setting aside, modifying, remanding, or affirming the decision.

 (e) If the commissioner receives more than one application for registration of the same or a confusingly similar mark for the same or related goods or services, the commissioner shall grant the registration to the applicant who first filed the original application if the application otherwise qualifies for registration. A rejected applicant may bring an action in superior court for cancellation of the registration upon the grounds of prior or superior rights to the mark.




Sec. 45.50.030. Form of application.
The application shall be signed by the applicant or by a member of the firm or an officer of the corporation, partnership, or association applying. The application shall be accompanied by three specimens showing the actual use of the mark on or in connection with the goods or services.

Sec. 45.50.040. Filing fee.
The application for registration shall be accompanied by a filing fee of $50 payable to the department.

Sec. 45.50.050. Form and contents of certificate of registration.
Upon compliance by the applicant with the requirements of AS 45.50.010 � 45.50.205, the commissioner shall issue and deliver a certificate of registration to the applicant. The certificate of registration shall be issued under the signature of the commissioner and the seal of the state. The certificate must show
     (1) the name and business address of the registrant and, if that registrant is a
          (A) corporation, the state of incorporation; or

          (B) partnership, the state in which the partnership is organized and the names of the general partners;

     (2) the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state;

     (3) the class of goods or services and a description of the goods or services on or in connection with which the mark is used;

     (4) a reproduction of the mark;

     (5) the registration date; and

     (6) the term of the registration.




Sec. 45.50.060. Certificate of registration as evidence.
A certificate of registration issued by the commissioner under AS 45.50.010 � 45.50.205 or a copy of it certified by the commissioner is admissible in evidence as competent and sufficient proof of the registration of the mark in an action or judicial proceeding in the state.

Sec. 45.50.070. Duration and renewal.
 (a) Registration of a mark is effective for a term of five years from the date of registration. Upon application filed within six months before the expiration of the term in a manner complying with the requirements of the commissioner, the registration may be renewed for an additional term of five years.

 (b) An application for renewal of a registration must include a signed statement that the mark has been used and is still in use. Three specimens showing actual use of the mark on or in connection with the goods or services shall be submitted with the renewal application.




Sec. 45.50.080. Fee for renewal of registration.
A renewal fee of $50 shall accompany the application for renewal of the registration.

Sec. 45.50.090. Additional terms of renewal.
A registration of a mark may be renewed for successive periods of five years in the manner provided in AS 45.50.070 and 45.50.080.

Sec. 45.50.100. Notification of expiration of registration period.
The commissioner shall notify each registrant of the necessity of renewal at least six months preceding the expiration date of the registration. Notification shall be by writing to the last known address of the registrant.

Sec. 45.50.110. Registrations existing on July 1, 1961. [Repealed, � 65 ch 37 SLA 1986.]
Sec. 45.50.120. Assignment.
 (a) A mark and its registration are assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark.

 (b) An assignment shall be in writing and may be filed with the commissioner upon the payment of a fee of $25 to the department. The commissioner shall file the assignment and shall issue in the name of the assignee a new certificate for the remainder of the term of the registration.

 (c) An assignment of registration is void as against a subsequent purchaser for valuable consideration without notice, unless it is filed with the commissioner within three months after the date of the assignment or before the subsequent purchase.




Sec. 45.50.125. Name change and other filings.
 (a) The name of a registrant or applicant may be changed by filing the change of name with the commissioner on a form furnished by the department that has been signed by the registrant or applicant and paying a filing fee of $25. The commissioner shall issue in the changed name of a registrant an amended certificate of registration.

 (b) Other signed and verified instruments that relate to a registered mark or an application for registration of a mark may be filed at the discretion of the commissioner upon payment of a filing fee established by regulation of the department.

 (c) A photocopy of an instrument shall be accepted by the commissioner for filing if it is certified by a party to the instrument or a successor of a party to be a true and correct copy of the original and if the commissioner would have accepted the original for filing under (a) or (b) of this section.

 (d) Acknowledgment is prima facie evidence for the commissioner of the execution of an assignment, change of name, or other instrument related to a registered mark or to registration of a mark. When the instrument is filed by the commissioner, the filing is prima facie evidence of execution of the instrument for all other purposes.




Sec. 45.50.130. Commissioner to keep record of registration.
The commissioner shall keep for public examination a record of all marks registered or renewed under AS 45.50.010 � 45.50.205 and a record of all instruments filed under AS 45.50.125.

Sec. 45.50.140. Cancellation.
 (a) The commissioner shall cancel in whole or in part
     (1) a registration for which the commissioner receives a voluntary written request for cancellation from the registrant or the assignee of record;

     (2) each registration that expires and is not renewed under AS 45.50.070 and 45.50.090;

     (3) a registration found by a court to be
          (A) abandoned;

          (B) not owned by the registrant;

          (C) granted improperly;

          (D) obtained fraudulently;

          (E) so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office, before the date of filing of the application for registration by the registrant under AS 45.50.010 � 45.50.205, and not abandoned; however, if the registrant proves that the registrant is the owner of a concurrent registration of the mark in the United States Patent and Trademark Office covering an area including this state, the registration may not be canceled; or

          (F) the generic name for all or a portion of the goods or services for which the mark has been registered;

     (4) when a court orders cancellation of a registration on any ground.

 (b) For purposes of (a) of this section, registration of a mark is abandoned when use of the mark has been discontinued and the registrant has no intent to resume its use, or when the mark loses its significance as a mark due to action or failure to act by the registrant. The intent not to resume the use of a mark may be inferred from circumstances. No use of a mark by the registrant for at least a 24-month period constitutes prima facie evidence that its registration has been abandoned.




Sec. 45.50.150. Classification.
The department shall by regulation establish a classification of goods and services for convenience of administration of AS 45.50.010 � 45.50.205. However, the classification does not limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include all goods upon which, or services with which, the mark is actually being used comprised in a single class, but in no event may a single application include goods or services upon which the mark is being used that fall within different classes of goods or services. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.

Sec. 45.50.160. Fraudulent registration.
A person who, for the person or on behalf of another, procures the filing or registration of a mark under AS 45.50.010 � 45.50.205 by knowingly making a false or fraudulent representation or declaration, orally or in writing, or by another fraudulent means, is liable to pay all damages sustained in consequence of the filing or registration, which may be recovered by or on behalf of the party injured in any court.

Sec. 45.50.170. Infringement.
A person is liable in a civil action by the registrant for the remedies provided in AS 45.50.180 if the person
     (1) uses, without the consent of the registrant, a reproduction, counterfeit, copy, or colorable imitation of a mark registered under AS 45.50.010 � 45.50.205 in connection with the sale, distribution, offering for sale, or advertising of goods or services on or in connection with which the use is likely to cause confusion or mistake or to deceive as to the source of origin of the goods or services; or

     (2) reproduces, counterfeits, copies, or colorably imitates the mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or distribution in this state of the goods or services; except that under this paragraph the registrant may not recover profits or damages unless the acts are committed with the intent to cause confusion or mistake or to deceive.




Sec. 45.50.180. Remedies.
 (a) A registrant may enjoin the manufacture, use, display, or sale of a counterfeit or imitation of the registrant's mark.

 (b) The court may grant an injunction to restrain the manufacture, use, display, or sale, and may require the defendant to pay to the registrant either the profits derived from or the damages suffered by reason of the wrongful manufacture, use, display, or sale, or both. The court may also order that the counterfeit or imitation in the possession or under the control of a defendant be delivered to an officer of the court, or to the complainant, to be destroyed. The court may also enter judgment for punitive damages in an amount not to exceed three times the profits and damages.

 (c) [Repealed, � 29 ch 132 SLA 1996.]
 (d) A registrant that owns a mark that is famous in the state is entitled to an injunction against another's dilution of the mark. If the user of the famous mark wilfully intended to trade on the registrant's reputation or to cause dilution of the mark, the registrant is also entitled to remedies set out in (b) of this section. In determining whether a mark is famous, a court may consider any factor, including the
     (1) degree of inherent or acquired distinctiveness of the mark in the state;

     (2) duration and extent of use of the mark in connection with the goods and services;

     (3) duration and extent of advertising and publicity of the mark in the state;

     (4) geographical extent of the trading area in which the mark is used;

     (5) channels of trade for the goods or services with which the mark is used;

     (6) degree of recognition in the state of the mark in the registrant's trading area and channel of trade, and in the user's trading area and channel of trade; and

     (7) nature and extent of use of the same or similar mark by other persons.

 (e) For purposes of (d) of this section, �dilution� means the use of a word, symbol, or device, or a combination of one or more of these, in a manner that deprives or reduces the distinctiveness of a mark.




Sec. 45.50.190. Common-law rights. [Repealed, � 29 ch 132 SLA 1996.]
Sec. 45.50.200. Definitions.
In AS 45.50.010 � 45.50.205,
     (1) �applicant� means the person filing an application for registration of a mark, or a legal representative, successor, or assign of that person;

     (2) �certification mark� means a mark used upon or in connection with the goods or services of one or more persons other than the registrant to certify national or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or that the work or labor on the goods or services was performed by members of a union or other organization;

     (3) �collective mark� means a trademark or service mark used by the members of a cooperative, an association, or other collective group or organization and includes marks used to indicate membership in a union, an association, or other organization;

     (4) �commissioner� means the commissioner of commerce, community, and economic development;

     (5) �department� means the Department of Commerce, Community, and Economic Development;

     (6) �mark� means a certification mark, a collective mark, a service mark, or a trademark;

     (7) �registrant� means the person to whom the registration of a mark is issued, or a legal representative, successor, or assign of that person;

     (8) �service mark� means a word, symbol, design, or a combination of one or more of these that identifies the services of a person;

     (9) �trademark� means a word, symbol, or design, or a combination of one or more of these, used by a person to identify its goods and distinguish them from those of another;

     (10) �use� or �used� means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in the mark; a mark is considered to be in use on goods when it is placed in any manner on the goods, on the goods' container, on tags or labels affixed to the goods, on displays associated with the goods, or, if the nature of the goods makes other types of placement impracticable, on documents associated with the goods or with the sale of the goods when they are sold or transported in commerce in this state; a mark is considered to be in use on services when it is displayed in the sale or advertising of services that are performed in this state;

     (11) �verified� means that a document has been certified to be true as provided in AS 09.63.040.




Sec. 45.50.205. Short title.
AS 45.50.010 � 45.50.205 may be cited as the Alaska Trademark Act.

Article 2. Log Brands.