1997 Minnesota Statutes

CHAPTER 333. Trade names, marks, and insignia

     333.001 Definitions. 

    Subdivision 1.    Scope.  As used in sections 333.001 to 
 333.06, the following terms shall have the meanings given, 
 unless the context clearly indicates that a different meaning is 
 intended. 

    Subd. 2.    Person.  "Person" means one or more natural 
 persons; a limited liability company, whether domestic or 
 foreign; a registered limited liability partnership, whether 
 domestic or foreign; a partnership; a limited partnership; a 
 corporation, including a foreign, domestic, or nonprofit 
 corporation; a trust; or any other business organization. 

    Subd. 3.    True name.  "True name" means the true full 
 name of the natural person, if a proprietorship; the true full 
 name of each partner, if a partnership; the full corporate name 
 as stated in its articles, if a corporation; the full name of 
 the limited liability company as stated in its articles of 
 organization or certificate of authority; the full name of the 
 limited partnership, if a limited partnership; the full name of 
 the registered limited liability partnership; the true full name 
 of at least one trustee, if a trust; or the true full name of at 
 least one beneficial owner, if any other form of business 
 organization. 

    Subd. 4.    Address.  "Address" means the full 
 residential address of each natural person, trustee or 
 beneficial owner, limited liability company, whether domestic or 
 foreign, registered limited liability partnership, whether 
 domestic or foreign, or corporation, included in subdivision 3, 
 and the address of the principal place in Minnesota where the 
 business is conducted or transacted. 

    Subd. 5.    Executed.  "Executed" means signed. 

    Subd. 6.    Signed.  (a) "Signed" means that the 
 signature of a person has been written on a document, as 
 provided in section 645.44, subdivision 14, and, with respect to 
 a document required by this chapter to be filed with the 
 secretary of state, means that the document has been signed by a 
 person authorized to do so by the organizational documents, 
 bylaws, agreements, or by a resolution approved by the 
 ultimately responsible managing entity for the business 
 organization. 

    (b) A signature on a document may be a facsimile affixed, 
 engraved, printed, placed, stamped with indelible ink, 
 transmitted by facsimile or electronically, or in any other 
 manner reproduced on the document. 

    Subd. 7.    Filed with the secretary of state.  "Filed 
 with the secretary of state" means that a document meeting the 
 applicable requirements of this chapter, signed and accompanied 
 by the required filing fee, has been delivered to the secretary 
 of state of this state.  The secretary of state shall endorse on 
 the document the word "Filed" and the month, day, and year of 
 filing, record the document in the office of the secretary of 
 state, and return a document to the person who delivered it for 
 filing. 

    HIST: 1978 c 698 s 3; 1982 c 496 s 6,7; 1984 c 618 s 37,38; 
 1992 c 517 art 1 s 32; 1995 c 128 art 3 s 21; 1997 c 10 art 4 s 
 19-21 

     333.01 Commercial assumed names. 

    Subdivision 1.    Certificate.  No person shall 
 hereafter carry on or conduct or transact a commercial business 
 in this state under any designation, name, or style, which does 
 not set forth the true name of every person interested in such 
 business unless such person shall file in the office of the 
 secretary of state, a certificate setting forth the name and 
 business address under which the business is conducted or 
 transacted, or is to be conducted or transacted, and the true 
 name of each person conducting or transacting the same, with the 
 address of such person.  The name of the business must not 
 include any of the following phrases or their abbreviations:  
 corporation, incorporated, limited, chartered, professional 
 cooperative, association, limited partnership, limited liability 
 company, professional limited liability company, limited 
 liability partnership, or professional limited liability 
 partnership, except to the extent that an entity filing a 
 certificate would be authorized to use the phrase or 
 abbreviation.  The certificate shall be executed by one of the 
 persons conducting, or intending to conduct, the business.  The 
 certificate shall be published after it has been filed with the 
 secretary of state in a qualified newspaper in the county in 
 which the person has a principal or registered office for two 
 successive issues. 

    Subd. 2.    Intentional misrepresentation prohibited.  
 No person shall use an assumed or fictitious name in the conduct 
 of its business to intentionally misrepresent its geographic 
 origin or location.  

    HIST: (7346) 1911 c 271 s 1; 1959 c 658 s 1; 1978 c 698 s 2; 
 1984 c 618 s 39; 1988 c 682 s 43; 1995 c 128 art 3 s 22; 1997 c 
 222 s 53 

     333.02 Filing of certificate. 

    Persons conducting or transacting any business under any 
 designation, name, or style referred to in section 333.01 shall, 
 before commencing such business, file such certificate and shall 
 publish the certificate in the manner prescribed in section 
 333.01.  

    HIST: (7347) 1911 c 271 s 2; 1959 c 658 s 2; 1984 c 618 s 40 

  333.03 Repealed, 1978 c 698 s 9 

     333.035 Amendment of certificate. 

    Within 60 days after the occurrence of any event which 
 makes any statement in the last previous certificate filed 
 incorrect, an amended certificate shall be filed and the amended 
 certificate shall be published by the person conducting the 
 business in the same manner as provided by section 333.01.  If 
 the amendment is made only to comply with a change in the law 
 that occurred since the previous date of filing, publication is 
 not required. 

    HIST: 1978 c 698 s 4; 1984 c 618 s 41; 1997 c 137 s 14 

     333.04 Secretary of state; duties, fees. 

    The secretary of state shall keep an alphabetical list of 
 assumed names filed pursuant to section 333.01 after August 1, 
 1978, together with trademarks, service marks, certification 
 marks or collective marks filed with the secretary of state and 
 issued pursuant to sections 333.20 and 333.21, and for the 
 indexing and filing of the certificates shall charge the 
 applicant a fee prescribed by section 333.055.  A copy of such 
 certificate, duly certified to by the secretary of state, shall 
 be presumptive evidence in all courts of law in this state of 
 the facts therein contained. 

    HIST: (7349) 1911 c 271 s 4; 1959 c 658 s 4; 1978 c 698 s 5 

  333.05 Repealed, 1978 c 698 s 9 

     333.055 Term of certificate; renewal, notices, fees. 

    Subdivision 1.  Filing of a certificate hereunder shall be 
 effective for a term of ten years from the date of filing and 
 upon application filed within the six-month period prior to the 
 expiration of such term or a renewal thereof, on a form 
 prescribed by the secretary of state, the certificate may be 
 renewed for additional ten-year terms.  A renewal fee as 
 specified herein, payable to the secretary of state, shall 
 accompany the application for renewal. 

    The secretary of state shall notify each business holding a 
 certificate hereunder of the necessity of renewal thereof by 
 writing to the last known address of the business at least six 
 months prior to the certificate's expiration date. 

    Subd. 2.  Any assumed name certificate of record in the 
 district courts and in force on July 1, 1978 shall continue in 
 force without the necessity of another filing under section 
 333.01 until July 31, 1979, at which time all such certificates 
 shall expire unless renewed as hereinafter provided.  Any 
 certificate may be renewed by filing an application with the 
 secretary of state on a form prescribed by the secretary and 
 paying the renewal fee prescribed by subdivision 3 within the 
 six month period prior to the expiration of the certificate. 

    Subd. 3.  The secretary of state shall charge and collect:  

    (a) For the filing of each certificate or amended 
 certificate of an assumed name - $25 

    (b) Certificate renewal fee - $25. 

    Subd. 4.  The secretary of state shall accept for filing 
 all certificates and renewals thereof which comply with the 
 provisions of sections 333.001 to 333.06 and which are 
 accompanied by the prescribed fees, notwithstanding the fact 
 that the assumed name disclosed therein may not be 
 distinguishable from one or more other assumed names already 
 filed with the secretary of state.  In the event of duplication 
 or similarity, the secretary of state shall, within 20 days 
 after the filing, notify in writing each previously filed 
 business holding a certificate for the assumed name or a similar 
 assumed name, of the duplication or similarity, including in the 
 notice the name and last known address of the person so filing.  
 The secretary of state shall not accept for filing a certificate 
 that discloses an assumed name that is not distinguishable from 
 a corporate, limited liability company, limited liability 
 partnership, cooperative, or limited partnership name in use or 
 reserved in this state by another or a trade or service mark 
 registered with the secretary of state, unless there is filed 
 with the certificate a written consent, court decree of prior 
 right, or affidavit of nonuser of the kind required by section 
 302A.115, subdivision 1, clause (d).  The secretary of state 
 shall determine whether a name is distinguishable from another 
 name for purposes of this subdivision. 

    HIST: 1978 c 698 s 6; 1980 c 396 s 1; 1980 c 509 s 129; 1981 c 
 270 s 137; 1983 c 301 s 190; 1984 c 618 s 42; 1987 c 404 s 173; 
 1988 c 682 s 44,45; 1989 c 292 s 17; 1989 c 335 art 1 s 210; 
 1995 c 128 art 3 s 23 

     333.06 Pleading failure to file certificate; costs. 

    If any person conducting a business contrary to the terms 
 of sections 333.001 to 333.06 shall, prior to the filing of the 
 certificate therein prescribed, commence a civil action, 
 including an action to recover possession of real property in 
 any court of this state on account of any contract made by, or 
 transaction had on behalf of the business, the defendant may 
 plead such failure in abatement of the action; and all 
 proceedings had in the action shall thereupon be stayed until 
 the certificate provided for by sections 333.001 to 333.06 is 
 duly filed, and if the defendant prevails in the action, the 
 defendant shall also be entitled to tax $250 costs, in addition 
 to such other statutory costs as may be allowed by law, and, if 
 the defendant does not prevail in the action, the defendant 
 shall be entitled to deduct $250 from the judgment otherwise 
 recoverable therein and if a judgment for money is not otherwise 
 recoverable therein, the defendant shall be entitled to tax $250 
 costs.  If such a person defends against a civil action, the 
 plaintiff shall be entitled to tax $250 costs, regardless of 
 which party prevails upon the merits.  

    HIST: (7352) 1911 c 271 s 7; 1959 c 658 s 5; 1978 c 698 s 7; 
 1984 c 618 s 43; 1986 c 444; 1988 c 682 s 46 

     333.065 Penalty for violation. 

    A person who violates any provision of sections 333.01 to 
 333.06 is subject to the penalties and remedies provided in 
 section 8.31.  

    The relief provided in this section is in addition to the 
 remedies or penalties otherwise available. 

    HIST: 1997 c 222 s 54 

     333.07 Lodge and society emblems may be registered.  

    Any association, lodge, order, fraternal society, 
 beneficial association, or fraternal and beneficial society or 
 association, historical, military, or veterans' organization, 
 labor union, foundation, federation, or any other society, 
 organization, or association, degree, branch, subordinate lodge, 
 or auxiliary thereof, whether incorporated or unincorporated, 
 the principles and activities of which are not repugnant to the 
 constitution and laws of the United States or this state, may 
 register, in the office of the secretary of state, a facsimile, 
 duplicate, or description of its name, badge, motto, button, 
 decoration, charm, emblem, rosette, or other insignia, and may, 
 by reregistration, alter or cancel the same.  

    HIST: (7352-1) 1933 c 295 s 1 

     333.08 Application for registration.  

    Application for such registration, alteration, or 
 cancellation, shall be made by the chief officer or officers of 
 the association, lodge, order, fraternal society, beneficial 
 association, or fraternal and beneficial society or association, 
 historical, military, or veterans' organization, labor union, 
 foundation, federation, or any other society, organization, or 
 association, degree, branch, subordinate lodge, or auxiliary 
 thereof, upon blanks to be provided by the secretary of state; 
 and such registration shall be for the use, benefit, and on 
 behalf of all associations, degrees, branches, subordinate 
 lodges, and auxiliaries of such association, lodge, order, 
 fraternal society, beneficial association, or fraternal and 
 beneficial society or association, historical, military, or 
 veterans' organization, labor union, foundation, federation, or 
 any other society, organization, or association, degree, branch, 
 subordinate lodge, or auxiliary thereof, and the individual 
 members and those thereafter to become members thereof, 
 throughout this state.  

    HIST: (7352-2) 1933 c 295 s 2 

     333.09 Secretary of state to keep record and index.  

    The secretary of state shall keep a properly indexed record 
 of the registration provided for by sections 333.07 to 333.12, 
 which record shall also show any altered or canceled 
 registration.  

    HIST: (7352-3) 1933 c 295 s 3 

     333.10 Duplicates not registered.  

    No registration shall be granted or alteration permitted to 
 any association, lodge, order, fraternal society, beneficial 
 association, or fraternal and beneficial society or association, 
 historical, military, or veterans' organization, labor union, 
 foundation, federation, or any other society, organization, or 
 association, degree, branch, subordinate lodge, or auxiliary 
 thereof, having a name, badge, motto, button, decoration, charm, 
 emblem, rosette, or other insignia, similar to, imitating, or so 
 nearly resembling as to be calculated to deceive, any other 
 name, badge, button, decoration, charm, emblem, rosette, or 
 other insignia, already registered pursuant to the provisions of 
 sections 333.07 to 333.12.  

    HIST: (7352-4) 1933 c 295 s 4 

     333.11 Issuance of certificates.  

    Upon granting registration the secretary of state shall 
 issue a certificate to the petitioners, setting forth the fact 
 of such registration.  

    HIST: (7352-5) 1933 c 295 s 5; 1986 c 444 

     333.12 Fees.  

    The fees of the secretary of state for registration, 
 alteration, cancellation, searches made, and certificates 
 issued, pursuant to sections 333.07 to 333.11, shall be $10.  
 The fees so collected shall be paid by the secretary of state 
 into the state treasury.  

    HIST: (7352-7) 1933 c 295 s 7; 1955 c 820 s 36; 1986 c 444 

     333.13 Violations; penalties. 

    Any person who willfully wears, exhibits, displays, prints 
 or uses, for any purpose, the badge, motto, button, decoration, 
 charm, emblem, rosette, or other insignia of any association or 
 organization mentioned in section 333.07, duly registered, 
 unless entitled to use and wear the same under the constitution 
 and bylaws, rules, and regulations of the association or 
 organization, is guilty of a misdemeanor; and upon conviction 
 shall be punished by a fine of not exceeding $100 and in default 
 of payment committed to jail for a period of not to exceed 60 
 days. 

    HIST: (7351, 7352-6) 1911 c 271 s 6; 1933 c 295 s 6; 1980 c 
 396 s 2 

     333.135 Improper use of insignia. 

    Every person who shall willfully wear the insignia or 
 rosette of the military order of the Loyal Legion of the United 
 States, or the badge or button of the American Legion, the 
 Veterans of Foreign Wars, the Disabled American Veterans of the 
 World War, or of any other veterans' organization, or any 
 similitude thereof; or who shall willfully wear any badge, 
 emblem, or insignia pertaining to the order of Masons, Odd 
 Fellows, Knights of Pythias, or any other secret order or 
 society, or any similitude thereof; or who shall use any such 
 badge, button, or insignia to obtain aid or assistance, or who 
 shall use the name of any such order or society for gain, unless 
 entitled to so use the same under the constitution, bylaws, 
 rules, and regulations of such order, shall be guilty of a 
 misdemeanor and shall be punished by imprisonment in the county 
 jail for not more than 60 days or by a fine of not more than $50 
 or by both.  

    HIST: (10462) RL s 5167; 1921 c 235 s 1; 1927 c 397; 1986 c 
 444; 1990 c 426 art 1 s 38 

     333.14 Use of name and mark "Aquatennial" limited; 
  penalty. 

    Any person, firm, copartnership, association, society, or 
 corporation, except as authorized by Minneapolis Aquatennial 
 Association, who shall, with intent to acquire or obtain for 
 personal or business purposes a benefit or advantage, assume, 
 adopt or use in any manner the name and mark "Aquatennial" of 
 the Minneapolis Aquatennial Association or any other name or 
 mark so nearly resembling the name and mark "Aquatennial" as to 
 be calculated to deceive the public with respect to the 
 corporation, or who, except as authorized by the corporation, 
 shall, with intent to acquire or obtain for personal or business 
 purposes a benefit or advantage, assume, adopt or use in any 
 manner any other name, mark, emblem, insignia or badge, 
 designation, or distinguishing descriptive word or phrase used 
 by the Minneapolis Aquatennial Association in carrying out its 
 purpose or any name, mark, emblem, insignia or badge, 
 designation, or distinguishing descriptive word or phrase 
 confusingly similar thereto, calculated to deceive the public 
 with respect to the corporation, or who, except as authorized by 
 the corporation, shall, with intent to acquire or obtain for 
 personal or business purposes a benefit or advantage, assume, 
 adopt or use the corporate name of the corporation, or a name so 
 nearly resembling it as to be calculated to deceive the public 
 with respect to the corporation, shall be guilty of a 
 misdemeanor. 

    HIST: 1941 c 202 s 1 

     333.15 Threatened use may be restrained.  

    When there shall be an actual or threatened violation of 
 section 333.14, an application may be made to a court or justice 
 having jurisdiction to issue an injunction, upon notice to the 
 defendant of not less than five days, for an injunction to 
 enjoin and restrain the actual or threatened violation; and if 
 it shall appear to the satisfaction of the court or justice that 
 the defendant is in fact so using or threatening to use the name 
 and mark "AQUATENNIAL" or any other name or mark confusingly 
 similar thereto, or any other name, mark, emblem, insignia, or 
 badge, designation, or distinguishing descriptive word or phrase 
 used by the corporation in carrying out its purposes or 
 confusingly similar to any such other name, mark, emblem, 
 insignia or badge, designation, or distinguishing descriptive 
 word or phrase used by the corporation in carrying out its 
 purposes, or the corporate name of the corporation or a 
 confusingly similar name, an injunction may be issued by the 
 court or justice enjoining and restraining such actual or 
 threatened violation without requiring proof that any person has 
 in fact been misled or deceived thereby.  

    HIST: 1941 c 202 s 2 

     333.16 Vested rights not affected.  

    The provisions of sections 333.14 and 333.15 shall not be 
 deemed or construed to divest, interfere, affect, or conflict 
 with any established or vested right or prohibit the use thereof.

    HIST: 1941 c 202 s 3 

     333.17 Use of certain terms forbidden.  

    No person, firm, corporation or association, selling or 
 offering for sale, any commodity, shall use, or cause, or permit 
 to be used as the name or designation, or as a part of the name 
 or designation, of any business, any of the following words, 
 terms or expressions, viz.:  "army," "navy," "marine," "coast 
 guard," "post exchange," "government," "G.I.," "P.X.," or any 
 other word, term, or expression denoting the United States 
 Government, or relating to an agency or activity of the United 
 States Government, provided however, that any person, firm, 
 corporation or association, engaged in the manufacture or sale 
 of marine equipment, or engaged in the business of marine 
 insurance, may use the word "marine" as a part of its business 
 name.  

    Any person, firm, corporation, or association, violating 
 the provisions of this section is guilty of a misdemeanor.  

    HIST: 1945 c 212 

     333.18 Trademarks and service marks; definitions. 

    Subdivision 1.  (1) The term "trademark" as used in 
 sections 333.18 to 333.31 means any word, name, symbol, or 
 device or any combination thereof adopted and used by a person 
 to identify goods made or sold by that person and to distinguish 
 them from goods made or sold by others.  

    (2) The term "service mark" as used in sections 333.18 to 
 333.31 means a word, name, symbol, or device or any combination 
 thereof adopted and used by a person to identify that person's 
 services and to distinguish them from services of others and 
 includes without limitation the marks, names, symbols, titles, 
 designations, slogans, character names, and distinctive features 
 of radio or other advertising used in commerce.  

    (3) The term "certification mark" means a mark used upon or 
 in connection with the products or services of one or more 
 persons other than the owner of the mark to certify regional or 
 other origin, material, mode of manufacture, quality, accuracy 
 or other characteristics of such goods or services or that the 
 work or labor on the goods or services was performed by members 
 of a union or other organization.  

    (4) The term "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.  

    Subd. 2.  The term "person" as used herein means any 
 individual, firm, partnership, corporation, limited liability 
 company, whether domestic or foreign, association, union or 
 other organization.  

    Subd. 3.  The term "applicant" as used herein embraces the 
 person filing an application for registration of a mark under 
 sections 333.18 to 333.31, the applicant's legal 
 representatives, successors or assigns.  

    Subd. 4.  The term "registrant" as used herein embraces the 
 person to whom the registration of a mark under sections 333.18 
 to 333.31 is issued, a legal representative, successors or 
 assigns.  

    Subd. 5.  (1) For the purposes of sections 333.18 to 
 333.31, a trademark shall be deemed to be "used" in this state 
 when it is placed in any manner on the goods or their containers 
 or on the tags or labels affixed thereto or on displays 
 associated with the goods and such goods are sold or otherwise 
 distributed in this state.  

    (2) For the purpose of sections 333.18 to 333.31, a service 
 mark shall be deemed to be "adopted and used" when it is adopted 
 and used in connection with the rendering, selling, or 
 advertising of services in this state to identify the services 
 of one person and distinguish them from the services of others, 
 and such services are rendered.  

    HIST: 1959 c 600 s 1; 1986 c 444; 1992 c 517 art 1 s 33 

     333.19 Unregistrable matter; collective and 
  certification marks. 

    Subdivision 1.  A trademark or service mark by which the 
 goods or services of any applicant for registration may be 
 distinguished from the goods or services of others shall not be 
 registered if 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 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 any simulation 
 thereof; or 

    (4) consists of or comprises the name, signature or 
 portrait of any living individual, except with written consent; 
 or 

    (5) consists of a mark which, (a) when applied to the goods 
 or used to identify the services of the applicant, is merely 
 descriptive or deceptively misdescriptive of them, or (b) when 
 applied to the goods or used to identify the services of the 
 applicant is primarily geographically descriptive or deceptively 
 misdescriptive of them, or (c) is primarily merely a surname 
 provided, however, that nothing in this subsection (5) 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 state may accept as evidence that 
 the mark has become distinctive, as applied to the applicant's 
 goods or used to identify the 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 corporate or limited 
 partnership name in use or reserved in this state by another, or 
 a mark or trade name previously used in this state by another 
 and not abandoned, as to be likely, when applied to the goods or 
 used to identify the services of the applicant, to cause 
 confusion or mistake or to deceive.  The secretary of state may 
 require affidavits by both the applicant and by the holder of 
 the previously registered name or mark in making this 
 determination.  

    Subd. 2.  Subject to the provisions relating to the 
 registration of trademarks and service marks, so far as they are 
 applicable, collective and certification marks, used in this 
 state, shall be registrable under sections 333.18 to 333.31, in 
 the same manner and with the same effect as are trademarks and 
 service marks, by persons, and nations, states, municipalities, 
 and the like, exercising legitimate control over the use of the 
 marks sought to be registered, even though not possessing an 
 industrial or commercial establishment, and when registered they 
 shall be entitled to the protection provided herein in the case 
 of trademarks or service marks, except when used so as to 
 represent falsely that the owner or a user thereof makes or 
 sells the goods or performs the services on or in connection 
 with which such mark is used.  

    HIST: 1959 c 600 s 2; 1981 c 270 s 138; 1984 c 618 s 44; 1986 
 c 444 

     333.20 Application; form, signature, specimen of mark, 
  fee. 

    Subdivision 1.  Subject to the limitations set forth in 
 sections 333.18 to 333.31, any person who adopts and uses a 
 trademark or a service mark in this state may file in the office 
 of the secretary of state, on a form to be furnished by the 
 secretary of state, an application for registration of that mark 
 setting forth, but not limited to, the following information: 

    (1) the name and business address of the person applying 
 for such registration; and, if a corporation, the state of 
 incorporation, 

    (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 such goods or services and the class in which 
 such goods or services fall, 

    (3) the date when the mark was first used in this state by 
 the applicant or a predecessor in business, and 

    (4)  the applicant's statement of belief that the applicant 
 is the owner of the mark and that no other person has the right 
 to use such mark in this state either in the identical form 
 thereof or in such near resemblance thereto as might be 
 calculated to deceive or to be mistaken therefor.  

    Subd. 2.  The application shall be signed by the applicant 
 or by a member of the firm or an officer of the corporation, or 
 association or by a manager of a domestic or foreign limited 
 liability company, or association applying.  

    Subd. 3.  The application shall be accompanied by a single 
 specimen or facsimile of such mark.  

    Subd. 4.  The application for registration shall be 
 accompanied by a filing fee of $50, payable to the secretary of 
 state. 

    HIST: 1959 c 600 s 3; 1969 c 1148 s 63; 1983 c 301 s 191; 1986 
 c 444; 1988 c 682 s 47; 1989 c 335 art 1 s 211; 1992 c 517 art 1 
 s 34; 1993 c 48 s 8; 1993 c 369 s 116 

     333.21 Certificate of registration, issuance, 
  evidentiary effect. 

    Subdivision 1.  Upon a finding by the secretary of state 
 that the mark and application for registration comply with the 
 requirements of sections 333.18 to 333.31, and that the class 
 indicated, if any, in which the mark is to be registered is not 
 clearly incorrect, the secretary of state shall cause a 
 certificate of registration to be issued and delivered to the 
 applicant.  The certificate of registration shall be issued 
 under the signature of the secretary of state and the seal of 
 the state, and shall show the registrant's name, the date 
 claimed for the first use of the mark in this state, the class 
 of goods or services, and the registration date. 

    Subd. 2.  Any certificate of registration issued by the 
 secretary of state under the provisions hereof or a copy thereof 
 duly certified by the secretary of state shall be admissible in 
 evidence as competent and sufficient proof of the registration 
 of such mark, in any action or judicial proceedings in any court 
 of this state and shall be prima facie evidence of registrant's 
 ownership and exclusive right to use the mark on or in 
 connection with the goods or services described in the 
 certificate.  

    HIST: 1959 c 600 s 4; 1984 c 618 s 45; 1986 c 444; 1992 c 517 
 art 1 s 35; 1995 c 128 art 3 s 24 

     333.22 Term of registration; renewal, notice, fee. 

    Subdivision 1.  Registration of a mark hereunder shall be 
 effective for a term of ten years from the date of registration 
 and, upon application filed within six months prior to the 
 expiration of such term or a renewal thereof, on a form to be 
 furnished by the secretary of state, the registration may be 
 renewed for additional ten-year terms provided that the mark is 
 in use by the applicant at the time of the application for 
 renewal and that there are no intervening rights.  A renewal fee 
 of $25 payable to the secretary of state shall accompany the 
 application for renewal of the registration.  

    Subd. 2.  The secretary of state shall notify each 
 registrant of a mark hereunder of the necessity of renewal 
 thereof by writing to the last known address of the registrant 
 approximately six months prior to the registration's expiration 
 date.  

    Subd. 3.  Any registration in force on the date on which 
 Laws 1959, chapter 600 shall become effective, shall expire two 
 years after and may be renewed by filing an application with the 
 secretary of state on a form furnished by the secretary of state 
 and paying the aforementioned renewal fee therefor within six 
 months prior to the expiration of the registration provided the 
 mark is in use at the time of application for renewal and there 
 are no intervening rights.  

    Subd. 4.  The secretary of state shall, within six months 
 after the date on which Laws 1959, chapter 600 shall become 
 effective notify all registrants of trademarks under previous 
 acts of the date of expiration of such registrations, unless 
 renewed in accordance with the provisions of sections 333.18 to 
 333.31, by writing to the last known address of the registrants. 

    HIST: 1959 c 600 s 5; 1969 c 1148 s 64; 1986 c 444; 1988 c 682 
 s 48; 1989 c 335 art 1 s 212; 1993 c 369 s 117 

     333.23 Conveyances of marks; recordation, fee, necessity.

    The secretary of state shall record written conveyances of 
 any mark along with that part of the goodwill of the business in 
 connection with which the mark is used, and of the corresponding 
 application or registration which is presented for recording 
 along with a payment of a fee of $15 and shall issue in the name 
 of the assignee a new certificate for the remainder of the term 
 of the registration or of the last renewal thereof.  An 
 assignment of any registration under sections 333.18 to 333.31 
 shall be void as against any subsequent purchaser for valuable 
 consideration without notice unless it is recorded with the 
 secretary of state within three months after the date thereof or 
 prior to such subsequent purchase. 

    HIST: 1959 c 600 s 6; 1969 c 1148 s 65; 1986 c 444; 1988 c 682 
 s 49; 1989 c 335 art 1 s 213 

     333.24 Secretary of state's record of marks.  

    The secretary of state shall keep for public examination a 
 record of all marks registered or renewed under sections 333.18 
 to 333.31 in accordance with the classification hereinafter set 
 forth.  Such record of registration shall be constructive notice 
 of registrant's claim of ownership of the mark registered.  

    HIST: 1959 c 600 s 7 

     333.25 Cancellation of marks.  

    Subdivision 1.  The secretary of state shall cancel from 
 the register: 

    (1) after two years from the effective date of Laws 1959, 
 chapter 600, all registrations under prior acts which are not 
 renewed in accordance with sections 333.18 to 333.31; 

    (2) any registration concerning which the secretary of 
 state shall receive a voluntary request for cancellation thereof 
 from the registrant; 

    (3) all registrations granted under sections 333.18 to 
 333.31 and not renewed in accordance with the provisions 
 thereof; 

    (4) in compliance with an order of a district court, any 
 registration concerning which the court shall find: 

    a.  that the registered mark has been abandoned, 

    b.  that the registrant is not the owner of the mark, 

    c.  that the registration was granted improperly, 

    d.  that the registration was obtained fraudulently, 

    e.  that the registered mark is so similar, as to be likely 
 to cause confusion or mistake or to deceive, to a mark 
 registered by another person previously in this state or in the 
 United States Patent Office, prior to the date of the filing of 
 the application for registration by the registrant hereunder, 
 and not abandoned; provided, however, that should the registrant 
 prove that the registrant is the prior user of the mark or the 
 owner of a concurrent registration of the mark in the United 
 States Patent Office covering an area including this state, the 
 registration hereunder shall not be canceled.  

    (5) When a district court shall order cancellation of a 
 registration on any ground.  

    Subd. 2.  No registration shall be canceled after the mark 
 has had substantially exclusive and continuous use by the 
 registrant for five years following the registration of said 
 mark except for the reasons set forth in subdivision 1, 
 subsections (1), (2) and (3) and subsections (4)a, b and d 
 thereof, or unless a mark has been registered in this state 
 prior to use of registrant's mark or a mark has been registered 
 in the United States Patent Office with the publication date 
 thereof prior to the date of use of registrant's mark, which 
 marks when used on or in connection with the goods or services 
 of the respective registrants would be likely to cause 
 confusion, mistake or deception, or unless the mark is the 
 common descriptive name of any article, substance or service.  

    HIST: 1959 c 600 s 8; 1986 c 444 

     333.26 Classification system.  

    For convenience of administration of sections 333.18 to 
 333.31, but not to limit or extend the applicant's or 
 registrant's rights, the secretary of state shall adopt the 
 classification system in effect in the United States Patent 
 Office on the effective date of Laws 1959, Chapter 600, and 
 shall revise this classification system to conform with said 
 United States Patent Office system as and if changes are made 
 therein.  A single application for registration of a mark may 
 include any or all goods 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 service with which 
 the mark is being used which fall within different classes.  

    HIST: 1959 c 600 s 9 

     333.27 Improper registration; liability.  

    Persons who shall for themselves, 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 district court. 

    HIST: 1959 c 600 s 10; 1986 c 444 

     333.28 Identical or similar marks; liability for misuse. 

    Subject to the provisions of section 333.30 any person who 
 shall (a) use without the consent of the registrant any mark on 
 or in connection with rendering of services, selling, offering 
 for sale, or advertising of any goods or services, which mark is 
 identical to or so similar to the registered mark as to be 
 likely to cause confusion or mistake on the part of a purchaser 
 of the goods or services or to deceive such a purchaser as to 
 the source or origin of the goods or services; or (b) reproduce, 
 counterfeit, copy or colorably imitate any such mark and apply 
 such 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 other distribution of such goods or the sale or 
 rendering of services:  shall be liable to a civil action by the 
 owner of such registered mark for any or all of the remedies 
 provided in section 333.29, except that under subsection (b) 
 hereof the registrant shall not be entitled to recover profits 
 or damages unless the acts have been committed with knowledge 
 that such mark is intended to be used to cause confusion or 
 mistake or to deceive.  

    HIST: 1959 c 600 s 11 

     333.29 Remedies.  

    Subdivision 1.  Any district court may grant injunctions to 
 restrain infringement of registrant's rights and may require the 
 defendants to pay the registrant all benefits derived from 
 and/or damages suffered by reason of such infringement.  The 
 prevailing party may, in the discretion of the court, be awarded 
 a reasonable attorney's fee to be taxed by the court as a part 
 of the costs and merged into the judgment.  

    Subd. 2.  The enumeration of any right or remedy herein 
 shall not affect a registrant's right to prosecute under any 
 penal law of this state.  

    HIST: 1959 c 600 s 12 

     333.30 Marks acquired at common law.  

    Nothing herein shall adversely affect a person's rights or 
 the enforcement of the rights in a mark acquired in good faith 
 at any time at common law, except that the rights as against the 
 registrant of the same or confusingly similar mark are limited 
 to the areas of the person's use established prior to the 
 registration date and areas in which the person's mark has 
 become known prior to the registration date.  

    HIST: 1959 c 600 s 13; 1986 c 444 

     333.31 Service of process upon nonresident registrants.  

    Service in duplicate of any paper relating to a 
 nonresident's registration under sections 333.18 to 333.31, on 
 the secretary of state, shall constitute service on said 
 nonresident registrant.  The secretary of state shall forward 
 one copy of such paper to said registrant at the registrant's 
 last known address.  

    HIST: 1959 c 600 s 16; 1986 c 444 

     333.40 Trademark; when deemed affixed. 

    A trademark shall be deemed to be affixed to any goods, 
 wares, merchandise, mixture, preparation, or compound, when it 
 is in any manner placed in or upon either the article itself, or 
 a box, bale, barrel, bottle, case, cask, or other vessel or 
 package, or a cover, wrapper, stopper, brand, label, or other 
 thing in, by, or with which the goods are packed, enclosed, or 
 otherwise prepared for sale or disposition. 

    HIST: (10345) RL s 5071 

     333.41 Trademarks of workers' unions. 

    When any person, or any association or union of workers, 
 shall have adopted or used any label, trademark, term, design, 
 device, or form of advertisement for the purpose of designating, 
 making known, or distinguishing any product of labor as having 
 been made, produced, prepared, packed, or put on sale by such 
 person, association, or union, or by a member thereof, it shall 
 be unlawful to counterfeit or imitate the same, or to use, sell, 
 offer for sale, or in any way utter or circulate, any 
 counterfeit or imitation of any such label, trademark, term, 
 design, device, or form of advertisement. 

    HIST: (10346) RL s 5072; 1986 c 444 

     333.42 Counterfeiting or dealing in counterfeits; how 
  punished.  

    Every person who shall counterfeit or imitate any such 
 label, trademark, term, design, device, or form of 
 advertisement, or shall sell, offer for sale, or in any way 
 utter or circulate any counterfeit or imitation thereof; or who 
 shall keep or possess, with intent that the same shall be sold 
 or disposed of, any product of labor to or upon which any such 
 counterfeit or imitation is attached, affixed, or impressed; or 
 who shall knowingly sell or dispose of any product of labor 
 contained in any box, case, can, or package to or upon which any 
 such counterfeit or imitation is attached, affixed, or 
 impressed; or who shall possess, with intent that the same shall 
 be sold or disposed of, any product of labor in any box, case, 
 can, or package to which or upon which any such counterfeit or 
 imitation is attached, affixed, or impressed, shall be punished 
 by imprisonment in the county jail for not more than three 
 months, or by a fine of not more than $100.  

    HIST: (10347) RL s 5073; 1986 c 444 

     333.43 Registration.  

    Every such label, trademark, term, device, design, or form 
 of advertisement may be filed for record in the office of the 
 secretary of state on payment of a fee of $10 each.  In so 
 filing the same, two copies, counterparts, or facsimiles 
 thereof, shall be left with such secretary, together with a 
 sworn statement specifying the names of the persons, 
 association, or union in whose behalf the same is filed, the 
 class and description of the goods or products of labor to which 
 it is or is intended to be appropriated, that the party in whose 
 behalf the same is filed has the sole right to its use, and that 
 the counterparts or facsimiles filed are correct.  No label, 
 trademark, term, design, device, or form of advertisement shall 
 be so filed or recorded which could reasonably be mistaken for 
 one theretofore filed.  

    HIST: (10348) RL s 5074; 1955 c 820 s 49 

     333.44 Fraudulent registration or use; penalty.  

    Persons who shall, for themselves, or on behalf of any 
 other person, association, or union, procure the filing of any 
 label, trademark, term, design, device, or form of advertisement 
 with such secretary under the foregoing provisions by any 
 fraudulent means, and every person who shall use the name or 
 seal of any such person, association, or union, or officer 
 thereof, in or with reference to the sales of goods or products 
 of labor, not being authorized to use the same, shall be guilty 
 of a misdemeanor.  

    HIST: (10349) RL s 5075; 1986 c 444 

     333.45 Illegal use of certificate of registration.  

    Such secretary shall deliver to the person, association, or 
 union filing any such label, trademark, term, design, device, or 
 form of advertisement such number of certificates of the record 
 thereof as shall be applied for, on payment of a fee of $2 for 
 each certificate, and such certificates shall in all cases be 
 prima facie evidence of the adoption of such label, trademark, 
 term, design, device, or form of advertisement.  Every person 
 who, without authority of the owner thereof, shall use or 
 display the genuine label, trademark, term, design, device, or 
 form of advertisement of any such person, association, or union, 
 shall be guilty of a misdemeanor.  

    HIST: (10350) RL s 5076; 1955 c 820 s 50 

     333.50 Use of name and mark "portorama" limited.  

    Any person, firm, copartnership, association, society, or 
 corporation, except as authorized by the Duluth Jaycees who 
 shall, with intent to acquire or obtain for personal or business 
 purposes a benefit or advantage, assume, adopt or use in any 
 manner the name and mark "portorama" or any other name or mark 
 so nearly resembling the name and mark "portorama" as to be 
 calculated to deceive the public with respect to the 
 "portorama," or who, except as authorized by the Duluth Jaycees, 
 shall, with intent to acquire or obtain for personal or business 
 purposes a benefit or advantage, assume, adopt or use in any 
 manner any other name, mark, emblem, insignia or badge, 
 designation, or distinguishing descriptive word or phrase used 
 by the Duluth Jaycees in carrying out its purposes relating to 
 the "portorama" or any name, mark, emblem, insignia or badge, 
 designation, or distinguishing descriptive word or phrase 
 confusingly similar thereto, calculated to deceive the public 
 with respect to the "portorama," or who, except as authorized by 
 the Duluth Jaycees, shall, with intent to acquire or obtain for 
 personal or business purposes a benefit or advantage, assume, 
 adopt or use the name "portorama," or a name so nearly 
 resembling it as to be calculated to deceive the public with 
 respect to the "portorama," shall be guilty of a misdemeanor.  

    HIST: 1967 c 224 s 1 

     333.51 Threatened use may be restrained.  

    When there shall be an actual or threatened violation of 
 section 333.50, an application may be made to a court having 
 jurisdiction to issue an injunction, upon notice to the 
 defendant of not less than five days, for an injunction to 
 enjoin and restrain the actual or threatened violation; and if 
 it shall appear to the satisfaction of the court or justice that 
 the defendant is in fact so using or threatening to use the name 
 and mark "portorama" or any other name or mark confusingly 
 similar thereto, or any other name, mark, emblem, insignia, or 
 badge, designation, or distinguishing descriptive word or phrase 
 used by the Duluth Jaycees in carrying out its purposes relating 
 to the "portorama" or confusingly similar to any other name, 
 mark, emblem, insignia or badge, designation, or distinguishing 
 descriptive word or phrase used by the Duluth Jaycees in 
 carrying out its purposes relating to the "portorama," an 
 injunction may be issued by the court enjoining and restraining 
 the actual or threatened violation without requiring proof that 
 any person has in fact been misled or deceived thereby.  

    HIST: 1967 c 224 s 2 

     333.52 Vested rights not affected.  

    The provisions of sections 333.50 and 333.51 shall not be 
 deemed or construed to divest, interfere, affect, or conflict 
 with any established or vested right or prohibit the use thereof.

    HIST: 1967 c 224 s 3; 1969 c 6 s 42 

     333.53 Use of name and mark of Minnesota zoological 
  garden limited. 

    Any person, firm, partnership, association, society, or 
 corporation, not authorized by the Minnesota zoological board 
 who, with intent to acquire or obtain for personal or business 
 purposes a benefit or advantage, assumes, adopts or uses the 
 name "Minnesota zoological garden", the trademark thereof or any 
 other name or mark so nearly resembling the name "Minnesota 
 zoological garden" or the trademark thereof as to be calculated 
 to deceive or mislead the public with respect to the Minnesota 
 zoological garden, or who, except as authorized by the Minnesota 
 zoological board, with intent to acquire or obtain for personal 
 or business purposes a benefit or advantage, assumes, adopts or 
 uses any other name, mark, logo, emblem, insignia or badge, 
 designation, or distinguishing descriptive word or phrase used 
 by the Minnesota zoological board in carrying out its purposes 
 relating to the Minnesota zoological garden or any name, mark, 
 logo, emblem, insignia or badge, designation, or distinguishing 
 descriptive word or phrase confusingly similar thereto, 
 calculated to deceive or mislead the public with respect to the 
 Minnesota zoological garden, shall be guilty of a misdemeanor.  

    HIST: 1980 c 433 s 2 

     333.54 Threatened use may be restrained. 

    When there is an actual or threatened violation of section 
 333.53, an application may be made to a court having 
 jurisdiction to enjoin and restrain the actual or threatened 
 violation; and if it appears to the satisfaction of the court 
 that the defendant is in fact using or threatening to use the 
 name "Minnesota zoological garden" or the trademark thereof or 
 any other name or mark confusingly similar, or any other name, 
 mark, logo, emblem, insignia or badge, designation, or 
 distinguishing descriptive word or phrase used by the Minnesota 
 zoological board in carrying out its purposes relating to 
 Minnesota zoological garden or confusingly similar to any other 
 name, mark, logo, emblem, insignia or badge, designation, or 
 distinguishing descriptive word or phrase used by the Minnesota 
 zoological board in carrying out its purposes relating to the 
 Minnesota zoological garden, the court may enjoin and restrain 
 the actual or threatened violation without requiring proof that 
 any person has in fact been misled or deceived thereby.  

    HIST: 1980 c 433 s 3