PART VI. TRADEMARKS, TRADE NAMES,
§212. Registrability
§213. Powers of the secretary of state; reservation of trade names, trademarks, and service marks
§214. Application for registration
§215. Certificate of registration
§215.1. Certificate of correction
§216. Duration and renewal
§217. Assignment
§218. Records
§219. Cancellation
§220. Classification of trademarks and service marks
The following general classes of goods and services are established for convenience of administration of this Subpart, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a trademark or service mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in a single class, but in no event shall a single application include goods or services upon which the mark is being used that fall within different classes of goods or services. This Section shall not apply to trade names. The said classes are as follows:
A. Goods:
(1) Chemicals
(2) Paints
(3) Cosmetics and cleaning preparations
(4) Lubricants and fuels
(5) Pharmaceuticals
(6) Metal goods
(7) Machinery
(8) Hand tools
(9) Electrical and scientific apparatus
(10) Medical apparatus
(11) Environmental control apparatus
(12) Vehicles
(13) Firearms
(14) Jewelry
(15) Musical instruments
(16) Paper goods and printed matter
(17) Rubber goods
(18) Leather goods
(19) Non-metallic building materials
(20) Furniture and articles not otherwise classified
(21) Housewares and glass
(22) Cordage and fibers
(23) Yarns and threads
(24) Fabrics
(25) Clothing
(26) Fancy goods
(27) Floor coverings
(28) Toys and sporting goods
(29) Meats and processed foods
(30) Staple foods
(31) Natural agricultural products
(32) Light beverages
(33) Wines and spirits
(34) Smokers' articles
(35) Miscellaneous
B. Services:
(1) Advertising and business
(2) Insurance and financial
(3) Construction and repair
(4) Communication
(5) Transportation and storage
(6) Material treatment
(7) Education and entertainment
(8) Miscellaneous
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1983, No. 87, §1; Acts 1991, No. 746, §1.
§221. Fraudulent registration
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1.
§222. Infringement
§223. Remedies
§223.1. Injury to business reputation; dilution
Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringement of a mark registered or not registered or in cases of unfair competition notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.
Acts 1984, No. 434, §1.
§224. Educational institutions
A. No person shall use for any commercial purpose any name, work, symbol, or device or any combination thereof which resembles the official name, symbol, seal, or logo of a public or accredited private educational institution except with the written consent of the public or private educational institution.
B. In addition to remedies otherwise provided in this Subpart, any educational institution may enforce the provisions of this Section by a civil suit, including a suit to enjoin any violations hereof. Upon finding that a person knowingly violated this Section, a court may award damages, including an award of all profits derived from the said violation and may order the destruction of those items bearing the name, work, symbol, or device in violation of this Section.
Added by Acts 1979, No. 762, §3. Acts 1983, No. 89, §1.