USA Statutes : nevada
Title : Title 52 - TRADE REGULATIONS AND PRACTICES
Chapter : CHAPTER 600 - TRADEMARKS, TRADE NAMES AND SERVICE MARKS
No document which is written in a language other than English
may be filed or submitted for filing in the Office of the Secretary of
State pursuant to the provisions of this chapter unless it is accompanied
by a verified translation of the document into the English language.
(Added to NRS by 1997, 158)
NAMES, MARKS AND DEVICES ON CONTAINERS, SUPPLIES AND EQUIPMENT
Any person:
1. Engaged in the manufacture, packing, canning, bottling or
selling of any substance in containers with his name or other mark or
device impressed or produced thereon; or
2. Whose equipment or supplies, owned by him and used in his
business, is marked or branded with a name or other mark or device
impressed or produced thereon,
Ê may file in the office of the county clerk of any county of this State
and also in the Office of the Commissioner of Food and Drugs, a
description of the name, mark or device so used; and may also cause such
description to be published once a week for 3 successive weeks in a
newspaper published in the county in which the description may have been
filed.
[1:145:1935; 1931 NCL § 1473.01]—(NRS A 1959, 617)
Any person acquiring
containers, supplies or equipment marked as provided in NRS 600.050
, by purchase or other lawful means, is
not required to file and publish the description again, but may acquire
as a part of the purchase all such benefit as the vendor has under NRS
600.050 to 600.120 , inclusive.
[6:145:1935; 1931 NCL § 1473.06]—(NRS A 1985, 532)
The following shall be
presumptive evidence of unlawful use of or traffic in containers,
supplies or equipment bearing marks or devices impressed thereon, the
description of which has been filed and published pursuant to NRS 600.050
:
1. The use by any person other than the person whose name, mark or
device shall be upon the same, without the written consent of the owner,
unless the same shall have been purchased from the owner.
2. Possession by any junk dealer or dealer in secondhand articles.
[3:145:1935; 1931 NCL § 1473.03]
Whenever the owner of containers, equipment or supplies used in
the business, marked, branded or otherwise impressed with a device as
provided in NRS 600.050 , requires the
taking or accepting of any sum of money as a deposit for security for the
safekeeping and return of the articles, it does not constitute a sale of
the property, either optional or otherwise, in any proceeding under NRS
600.050 to 600.120 , inclusive.
[4:145:1935; 1931 NCL § 1473.04]—(NRS A 1985, 532)
1. Whenever any person mentioned in NRS 600.050 or his agent makes an oath before any
magistrate that he has reason to believe, and does believe, that any of
the containers, supplies or equipment mentioned in NRS 600.050 are being unlawfully sold, filled or used, or
are secreted in any place, the magistrate shall issue a search warrant to
discover and obtain the same.
2. The magistrate may also cause the person in whose possession
such articles may be found to be brought before him. If the magistrate
finds that the person is guilty of violating any provision of NRS 600.050
to 600.120 , inclusive, he must impose the punishment
prescribed by NRS 600.120 , and also
award the possession of the property taken upon the search warrant to the
owner thereof.
[5:145:1935; 1931 NCL § 1473.05]—(NRS A 1985, 532)
Every person who finds
or receives, in the regular course of business or in any other manner,
property mentioned in NRS 600.050 shall
make diligent effort to find the owner and restore the property.
[7:145:1935; 1931 NCL § 1473.07]
It is unlawful for any person, without the written consent
of the owner, unless the same shall have been purchased from the owner:
1. To use, or to fill with any substance, any container marked or
distinguished with or by any name, mark or device of which a description
shall have been filed and published as provided in NRS 600.050 .
2. To sell, buy, give, take or otherwise traffic in containers, or
articles of supply or equipment, marked or distinguished with or by any
name, mark or device of which a description shall have been filed and
published as provided in NRS 600.050 .
3. To erase, obliterate, cover up or conceal such name, mark or
device.
[2:145:1935; 1931 NCL § 1473.02]
A violation of any of the provisions of NRS
600.050 to 600.110 , inclusive, is a misdemeanor.
[8:145:1935; 1931 NCL § 1473.08]—(NRS A 1985, 533)
DESIGNATION OF LAUNDERED SUPPLIES
1. “Registrant” means any person who files and publishes a name,
mark or device under NRS 600.130 to
600.230 , inclusive.
2. “Supplies” means towels, sheets, napkins, pillowcases, linens
or other kindred articles bearing a name, mark or device filed and
published under NRS 600.130 to 600.230
, inclusive.
(Added to NRS by 1957, 14)
A person engaged in the
business of supplying clean laundered garments, towels, table linen or
other articles which are the property of the supplier, in a regular
service, periodically exchanging clean articles for soiled for a fixed
compensation, may adopt and use a name or other mark or device woven,
impressed or produced thereon as an indicium of ownership, and may
register and subsequently amend, renew, assign or cancel the name, mark
or device by filing it in the manner provided in NRS 600.240 to 600.400 ,
inclusive, and publishing it under the provisions of NRS 600.150 .
(Added to NRS by 1957, 14; A 1997, 158)
In addition
to the filing required by NRS 600.140 ,
in order to register a name, mark or device under NRS 600.130 to 600.230 ,
inclusive, the supplier shall:
1. File in the office of the county clerk of the county in which
the principal place of business of the supplier is located, or if his
place of business is located outside of the State then in the office of
the county clerk of any county of the State, a description of the names,
marks or devices so used; and
2. Cause the description of the name, mark or device to be printed
once a week for 3 successive weeks in a newspaper published in the county
in which the description has been filed.
(Added to NRS by 1957, 14; A 1997, 159)
The registrant shall pay to the county
clerk a fee of $1 for each laundry supply designation described and filed.
(Added to NRS by 1957, 14; A 1997, 159)
It is unlawful for
any persons, except the registrant, a person who has the written consent
of the registrant, or a person who has purchased the supplies from the
registrant, to do any of the following prohibited acts:
1. Selling, buying, renting, giving, taking or otherwise
trafficking in any supplies bearing a name, mark or device registered
under NRS 600.130 to 600.230 , inclusive.
2. Obliterating or otherwise covering up, concealing or removing a
name, mark or device registered under NRS 600.130 to 600.230 ,
inclusive.
3. Using a tablecloth or napkin in a place where food is served to
the public for any purpose other than that for which it was intended. The
words “for which it was intended” shall mean that a tablecloth or napkin
shall be used for the exclusive use of the customer of such place.
4. Laundering, washing, cleaning, renovating, or causing such
laundering, washing, cleaning or renovating, any towels, sheets, napkins,
pillowcases, linens, or other supplies or kindred articles bearing a
name, mark or device registered under NRS 600.130 to 600.230 ,
inclusive.
(Added to NRS by 1957, 14)
The acceptance by the
registrant of any sum of money as a deposit to secure the safekeeping and
return of the supplies does not constitute a sale of the supplies, either
optional or otherwise, in any proceeding under NRS 600.130 to 600.230 ,
inclusive.
(Added to NRS by 1957, 15)
The use by any person other than the registrant of any
supplies without the written consent provided in NRS 600.130 to 600.230 ,
inclusive, or the possession of supplies so marked by any junk dealer or
dealer of secondhand articles is presumptive evidence of unlawful use of
or traffic in such supplies.
(Added to NRS by 1957, 15)
Every person who finds or receives in the regular course of business or
in any other manner any supplies shall make diligent effort to find the
owner and restore or return the supplies.
(Added to NRS by 1957, 15)
Whenever the registrant or any member
of any corporation or association which is the registrant takes an oath
before any magistrate that he has reason to believe and does believe that
any supplies are being unlawfully used, sold or secreted in any place,
the magistrate shall issue a search warrant to discover and obtain the
supplies and may also bring before him the person in whose possession the
supplies are found.
(Added to NRS by 1957, 15)
If
the magistrate finds that any person brought before him has been guilty
of a violation of any provision of NRS 600.130 to 600.210 ,
inclusive, he shall impose the punishment prescribed in NRS 600.230
and also award the possession of the
property taken upon the search warrant to the owner.
(Added to NRS by 1957, 15)
Any person who violates any provision of NRS
600.140 to 600.220 , inclusive, is guilty of a misdemeanor.
(Added to NRS by 1957, 15)
REGISTRATION AND PROTECTION OF TRADEMARKS, TRADE NAMES AND SERVICE MARKS
As used in NRS 600.240 to 600.450 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 600.250 to 600.320
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1979, 595; A 1995, 67; 1997, 159; 2001, 406 )
“Applicant” means the person
filing an application for registration of a trademark, his legal
representatives, successors or assigns.
(Added to NRS by 1979, 595)
“Mark” includes any trademark, trade
name or service mark entitled to registration whether registered or not.
(Added to NRS by 1979, 595)
“Registrant” includes the
person to whom the registration of a mark is issued, his legal
representatives, successors or assigns.
(Added to NRS by 1979, 595)
“Service mark” means a mark
used in the sale or advertising of services to identify the services of
one person and distinguish them from the services of others.
(Added to NRS by 1979, 595)
“Trademark” means any word,
name, symbol or device, or any combination of them, adopted and used by a
person to identify goods made or sold by him and to distinguish them from
goods made or sold by others.
(Added to NRS by 1979, 595)
“Trade name” means a word,
symbol, device, or any combination of them, used by a person to identify
his business, vocation or occupation and distinguish it from the
business, vocation or occupation of others.
(Added to NRS by 1979, 595)
A mark is
deemed to be “used” in this State:
1. On goods when it is placed in any manner on the goods, their
containers, the displays associated with them or on the tags or labels
affixed to them and the goods are sold or otherwise distributed in the
State; and
2. On services when it is used or displayed in the sale or
advertising of services and the services are rendered in this State.
(Added to NRS by 1979, 595)
A mark must not be
registered if it:
1. Contains immoral, deceptive or scandalous matter.
2. Contains matter which may disparage or falsely suggest a
connection with persons, living or dead, institutions, beliefs, national
symbols or which may bring them into contempt or disrepute.
3. Resembles or simulates the flag or other insignia of the United
States, or of any state or municipality, or of any foreign nation.
4. Contains the name, signature or portrait of any living person,
except when his written consent has been obtained.
5. Consists of a mark which:
(a) When applied to the goods or services of the applicant, is
merely descriptive or deceptively misdescriptive of them;
(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,
Ê but this subsection does not prevent the registration of a mark used by
the applicant which has become distinctive of the applicant’s goods or
services. Proof of continuous use of the mark by the applicant in this
State or elsewhere for 5 years next preceding the date of the filing of
the application for registration may be accepted by the Secretary of
State as evidence that the mark has become distinctive.
6. So resembles a mark registered in this State which has not been
abandoned, that it is likely that confusion, mistake or deception may
result.
(Added to NRS by 1979, 595; A 1995, 67)
1. A person who has adopted and is using a 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:
(a) Whether the mark to be registered is a trademark, trade name or
service mark;
(b) A description of the mark by name, words displayed in it or
other information;
(c) The name and business address of the person applying for the
registration and, if it is a corporation, limited-liability company,
limited partnership or registered limited-liability partnership, the
state of incorporation or organization;
(d) The specific 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 those goods or services and the class as designated by
the Secretary of State which includes those goods or services;
(e) The date when the mark was first used anywhere and the date
when it was first used in this State by the applicant or his predecessor
in business which must precede the filing of the application; and
(f) A statement that the applicant is the owner of the mark and
that no other person has the right to use the mark in this State either
in the form set forth in the application or in such near resemblance to
it as might deceive or cause mistake.
2. The application must:
(a) Be signed and verified by the applicant or by a member of the
firm or an officer of the corporation or association applying.
(b) Be accompanied by a specimen or facsimile of the mark on white
paper that is 8 1/2 inches by 11 inches in size and by a filing fee of
$100 payable to the Secretary of State.
3. If the application fails to comply with this section or NRS
600.343 , the Secretary of State shall
return it for correction.
(Added to NRS by 1979, 596; A 1993, 489; 1997, 159; 1999, 1636
; 2001, 3195 ; 2005, 2277 )
1. A specimen accompanying an application for the registration of
a mark must meet the following criteria:
(a) The specimen must agree with the mark as described in the
application, must agree with the mark as used, and evidence use of the
mark.
(b) If the specimen is a drawing, it must be a substantially exact
representation of the mark as actually used.
(c) The specimen must fit on a page of paper not larger than 8 1/2
inches by 11 inches.
(d) A specimen may be a facsimile or photograph of the mark.
(e) The specimen must be suitable for reproduction, retention and
retrieval.
2. After registration, an applicant may not change the specimen if
the change constitutes a material alteration of the mark.
(Added to NRS by 1997, 158)
1. Upon compliance by the applicant with the requirements of NRS
600.330 and 600.340 , the Secretary of State shall issue and
deliver a certificate of registration to the applicant. The certificate
of registration must be issued under the signature of the Secretary of
State and the seal of the State, and it must designate:
(a) The name and business address and, if a corporation,
limited-liability company, limited partnership or registered
limited-liability partnership, the state of incorporation or organization
of the person claiming ownership of the mark;
(b) 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;
(c) The class of goods or services to which the mark applies;
(d) A description of the goods or services on which the mark is
used;
(e) A reproduction of the mark;
(f) The registration date; and
(g) The term of the registration.
Ê If a date of first use contained in the application is indefinite, the
certificate of registration must designate the latest definite date that
can be inferred from the words used. If a month and year are given
without specifying the day, the date is presumed to be the last day of
the month. If only a year is given, the date is presumed to be the last
day of the year.
2. The certificate of registration or a copy of the certificate
certified by the Secretary of State is admissible in evidence as
competent and sufficient proof of the registration of the mark in any
action or judicial proceedings in any court of this State, and raises a
disputable presumption that the person to whom the certificate was issued
is the owner of the mark in this State as applied to the goods or
services described in the certificate.
(Added to NRS by 1979, 596; A 1997, 160)
1. If any statement in an application for registration of a mark
was incorrect when made or any arrangements or other facts described in
the application have changed, making the application inaccurate in any
respect without materially altering the mark, the registrant shall
promptly file in the Office of the Secretary of State a certificate,
signed by the registrant or his successor or by a member of the firm or
an officer of the corporation or association to which the mark is
registered, correcting the statement.
2. Upon the filing of a certificate of amendment or judicial
decree of amendment and the payment of a filing fee of $60, the Secretary
of State shall issue, in accordance with NRS 600.350 , an amended certificate of registration for
the remainder of the period of the registration.
(Added to NRS by 1995, 66; A 1997, 160; 2001, 3195 )
1. The registration of a mark is effective for 5 years from the
date of registration and, upon application filed within 6 months before
the expiration of that period, on a form to be furnished by the Secretary
of State, the registration may be renewed for a successive period of 5
years. A renewal fee of $50, payable to the Secretary of State, must
accompany the application for renewal of the registration.
2. The registration of a mark may be renewed for additional
successive 5-year periods if the requirements of subsection 1 are
satisfied.
3. The Secretary of State shall give notice to each registrant
when his registration is about to expire. The notice must be given within
the year next preceding the expiration date, by writing to the
registrant’s last known address.
4. All applications for renewals must include a statement that the
mark is still in use in this State.
(Added to NRS by 1979, 597; A 1993, 489; 2001, 3195 )
1. A mark and its registration are assignable with the good will
of the business in which the mark is used, or with that part of the good
will of the business connected with the use of and symbolized by the
mark. An assignment must:
(a) Be in writing;
(b) Be signed and acknowledged by the registrant or his successor
or a member of the firm or an officer of the corporation or association
under whose name the mark is registered; and
(c) Be recorded with the Secretary of State upon the payment of a
fee of $100 to the Secretary of State who, upon recording the assignment,
shall issue in the name of the assignee a certificate of assignment for
the remainder of the period of the registration.
2. An assignment of any registration is void as against any
subsequent purchaser for valuable consideration without notice, unless:
(a) The assignment is recorded with the Secretary of State within 3
months after the date of the assignment; or
(b) The assignment is recorded before the subsequent purchase.
(Added to NRS by 1979, 597; A 1987, 1114; 1993, 490; 1995, 67;
2001, 3196 )
The Secretary of State
shall keep for public examination a record of all registered marks.
(Added to NRS by 1979, 597)
The Secretary of State
shall cancel from the register:
1. After July 1, 1980, any filing or registration of a mark which
has expired and is not renewed in accordance with the provisions of NRS
600.360 .
2. Any registration which the registrant or the assignee of record
voluntarily requests be cancelled.
3. Any registration concerning which a court of competent
jurisdiction finds that:
(a) The registered mark has been abandoned.
(b) The registrant is not the owner of the mark.
(c) The registration was granted improperly.
(d) The registration was obtained fraudulently.
(e) The registered mark is likely to cause confusion or mistake or
to deceive because of its similarity to a mark registered by another
person in the United States Patent and Trademark Office, before the date
of the filing of the application for registration by the registrant under
NRS 600.240 to 600.450 , inclusive, and not abandoned. But if the
registrant proves that he is the owner of a concurrent registration of
his mark in the United States Patent and Trademark Office covering an
area including this State, the registration with the Secretary of State
must not be cancelled.
4. Any registration when a court of competent jurisdiction orders
cancellation of the registration on any ground.
(Added to NRS by 1979, 597)
The fee
for filing a cancellation of registration pursuant to NRS 600.390 is $50.
(Added to NRS by 1987, 1114; A 1993, 490; 2001, 3196 )
1. The Secretary of State may adopt regulations defining general
classes of goods and services for which a mark may be registered. Classes
defined pursuant to this subsection are deemed to be for administrative
convenience and must not be deemed to be exclusive or limit or extend the
rights of the applicant or registrant.
2. A single application for registration of a mark may include any
goods within their class on which the mark is used, or any services
within their class rendered in connection with the mark. If a mark is
used for more than one class of goods or more than one class of services
the applicant must file a separate application for each class.
(Added to NRS by 1979, 598)
Any person who for himself,
or on behalf of any other person, attempts to procure or procures the
registration of any mark in this State by knowingly making any false or
fraudulent representation or declaration, verbally or in writing, or by
any other fraudulent means, is liable for all damages sustained in
consequence of the registration to any party injured thereby.
(Added to NRS by 1979, 598)
Any person:
1. Who uses, without the consent of the registrant, any
reproduction, counterfeit, copy or colorable imitation of a mark
registered in this State in connection with the sale, offering for sale
or advertising of any goods or services, which use is likely to cause
confusion or mistake or result in deception as to the source of origin of
such goods or services; or
2. Who reproduces, counterfeits, copies or colorably imitates any
mark registered in this State and applies or causes to apply that
reproduction, counterfeit, copy or colorable imitation to labels, signs,
prints, packages, wrappers, receptacles or advertisements intended to be
used in conjunction with the sale or other distribution in this State of
goods or services,
Ê is liable in a civil action by the owner of the registered mark for any
or all of the remedies provided in NRS 600.430 , except that the owner of the mark is not
entitled to recover profits or damages under subsection 2 unless the act
or acts were committed with knowledge that the reproduction, counterfeit,
copy or imitation of the mark was intended to be used to cause confusion,
mistake or deception.
(Added to NRS by 1979, 598)
1. Any owner of a mark registered in this State may proceed by
suit to enjoin the manufacture, use, display or sale of counterfeits or
imitations of it.
2. A court of competent jurisdiction may:
(a) Grant injunctions to restrain such manufacture, use, display or
sale as it deems just and reasonable under the circumstances;
(b) Require the defendant to pay to the owner all profits derived
from the wrongful acts of the defendant and all damages suffered by
reason of these acts;
(c) Require the defendant to pay to the owner treble damages on all
profits derived from the willful and wrongful acts of the defendant and
treble damages on all damages suffered by reason of these acts; and
(d) Order that any counterfeits or imitations in the possession or
control of any defendant be delivered for destruction to an officer of
the court or to the complainant.
3. In an action brought pursuant to this section, the court may
award costs and reasonable attorney’s fees to the prevailing party.
4. The enumeration of any right or remedy in this section does not
affect a registrant’s right to prosecute under any penal law of this
State.
(Added to NRS by 1979, 599; A 2003, 2832 )
1. Except as otherwise provided in subsection 4, the owner of a
mark that is famous in this State may bring an action to enjoin
commercial use of the mark by a person if such use:
(a) Begins after the mark has become famous; and
(b) Causes dilution of the mark.
2. In determining whether a mark is famous in this State, the
court shall consider, without limitation, the following factors:
(a) The degree of inherent or acquired distinctiveness of the mark
in this State.
(b) The duration and extent of use of the mark in connection with
the goods and services with which the mark is used.
(c) The duration and extent of advertisement and promotion of the
mark in this State.
(d) The geographical extent of the trading area in which the mark
is used.
(e) The channels of trade for the goods or services with which the
mark is used.
(f) The degree of recognition of the mark in the trading areas and
channels of trade in this State used by the owner of the mark and the
person against whom the injunction is sought.
(g) The nature and extent of use of the same or similar mark by
other persons.
(h) Whether the mark is registered in this State or registered in
the United States Patent and Trademark Office pursuant to federal law.
3. Except as otherwise provided in this subsection, the owner of a
mark that is famous may obtain only injunctive relief in an action
brought pursuant to this section. The owner of a mark that is famous is
entitled to the remedies provided in NRS 600.430 if the person using the mark willfully
intended to cause dilution of the mark or willfully intended to trade on
the reputation of the owner of the mark.
4. The owner of a mark that is famous may not bring an action
pursuant to this section for the fair use of the mark by another person
in comparative commercial advertising or promotion to identify the
competing goods or services of the owner of the mark.
5. As used in this section:
(a) “Commercial use” means use of a mark primarily for profit. The
term does not include use of a mark for research, criticism, news
commentary, news reporting, teaching or any similar use that is not
primarily for profit.
(b) “Dilution” means a lessening in the capacity of a mark that is
famous to identify and distinguish goods or services, regardless of the
presence or absence of:
(1) Competition between the owner of the mark and other
persons; or
(2) Likelihood of confusion, mistake or deception as to the
source of origin of goods or services.
(Added to NRS by 2001, 405 )
The rights and
remedies enumerated in NRS 600.240 to
600.450 , inclusive, are in addition to
those to which an owner of a mark is entitled under the common law.
(Added to NRS by 1979, 599)
1. It is unlawful for any person or corporation:
(a) To imitate any mark registered as provided in NRS 600.240
to 600.450 , inclusive;
(b) To use knowingly any counterfeit or imitation thereof;
(c) To use or display such genuine mark unless authorized to do so;
or
(d) To use or display such genuine mark in a manner not authorized
by the registrant.
2. Any person violating any provision of subsection 1 is guilty of
a misdemeanor.
[3:180:1907; RL § 4637; NCL § 7697]—(NRS A 1967, 620; 1979, 600;
1995, 68)
MISCELLANEOUS PROVISIONS
Except as otherwise provided by
express written agreement, an employer is the sole owner of any
patentable invention or trade secret developed by his employee during the
course and scope of the employment that relates directly to work
performed during the course and scope of the employment.
(Added to NRS by 2001, 942 ; A 2003, 2832 )
