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Connecticut Laws | Title 35 Trade Regulations, Trademarks And Collective And Certification Marks
CHAPTER 620 TRADE NAMES
Sec. 35-3. Use of word "banking" by bankers' associations.

CHAPTER 620a MARKS (9)(Text)

Sec. 35-3a. Registration; constructive notice of ownership. (10)(Text)

Registration of a mark pursuant to chapters 621a and 622a shall be constructive notice of the registrant's claim of ownership thereof. (11)

Sec. 35-3b. Certificate of registration, prima facie evidence. (12)(Text)

A certificate of registration of a mark pursuant to chapters 621a and 622a shall be prima facie evidence of the validity of the registration, the registrant's ownership of the mark, and the registrant's exclusive right to use the mark in commerce within the state of Connecticut in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated therein. (13)

Sec. 35-3c. Forum for actions re registration. (14)(Text)

Actions to require cancellation of a mark registered pursuant to chapters 621a and 622a or in mandamus to compel registration of a mark pursuant to said chapter 621a shall be brought in the superior court for the judicial district of Hartford. In an action for cancellation, the Secretary of the State shall not be made a party to the proceeding but he shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action. (15)

CHAPTER 621 TRADEMARKS (16)(Text)

Secs. 35-4 to 35-11. Trademarks. (17)(Text)

Sections 35-4 to 35-11, inclusive, are repealed. (18)

CHAPTER 621a* TRADEMARKS AND SERVICE MARKS (19)(Text)

Sec. 35-11a. Definitions. (20)(Text)

As used in this chapter: (21)

(1) The term "trademark" means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those goods made or sold by others, and to indicate the source of the goods, even if that source is unknown. (22)

(2) The term "service mark" means any word, name, symbol or device or any combination thereof used by a person to identify the services of one person, including a unique service, to distinguish them from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that they, or the programs, may advertise the goods of the sponsor. (23)

(3) The term "mark" includes any trademark or service mark entitled to registration under this chapter whether registered or not. (24)

(4) The term "trade name" includes words and names lawfully adopted and used by any person engaged in any business, trade, occupation or vocation to identify such business, trade, occupation or vocation whether or not registered, filed or recorded under any law of the state of Connecticut, or of any other state, or of the United States. (25)

(5) The term "person" means any individual, firm, partnership, corporation, limited liability company, association, union, governmental body or agency or other organization capable of suing or being sued in a court of law. (26)

(6) The term "applicant" embraces the person filing an application for registration of a mark under this chapter, and the legal representatives, successors or assigns of such person. (27)

(7) The term "registrant" embraces the person to whom the registration of a mark under this chapter is issued, and the legal representatives, successors or assigns of such person. (28)

(8) The term "use" means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For the purposes of this chapter, a mark shall be deemed to be in use (A) on goods when it is placed in any manner on the goods or their containers, or the displays associated therewith, or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and such goods are sold or otherwise distributed in this state, and (B) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state. (29)

(9) A mark shall be deemed to be "abandoned" (A) when its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment; (B) when any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to lose its significance as an indication of origin. (30)

(10) The term "related company" means any person whose use of a mark is controlled by the owner of the mark with respect to the nature and quality of the goods or services on or in connection with which the mark is used. (31)

(11) The term "dilution" means the lessening of the capacity of the registrant's mark to identify and distinguish goods or services, through use of the mark by another person, regardless of the presence or absence of (A) competition between the users of the mark, or (B) likelihood of confusion, mistake or deception arising from that use. (32)

Sec. 35-11b. Disqualifications of marks for registration. (33)(Text)

A mark in use in Connecticut by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall be registered unless it (1) consists of or comprises immoral, deceptive or scandalous matter; or (2) consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs or national symbols, or which may bring them into contempt or disrepute; or (3) consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or of the United Nations, or any simulation thereof; or (4) consists of or comprises the name, signature or portrait identifying a particular living individual, except with the individual's written consent; or (5) consists of a mark which (A) when used on or in connection with the goods or services of the applicant is merely descriptive or deceptively misdescriptive of them, or (B) when applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or (C) is primarily merely a surname, provided nothing in this subsection shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The Secretary of the State may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of substantially exclusive and continuous use thereof as a mark by the applicant in this state for the five years next preceding the date of the filing of the application for registration; or (6) consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name used in this state by another prior to the use by the applicant 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 to cause mistake or to deceive purchasers; or (7) consists of or comprises a mark which so resembles a mark previously registered in the United States Patent and Trademark Office by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or to cause mistake or to deceive purchasers, unless the applicant commenced use of the mark in this state prior to the granting of the federal registration. (34)

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