Sec. 35-11c. Application for registration. (a) Subject to the limitations set forth
in this chapter, any person who adopts and uses a mark in this state may file in the
office of the Secretary of the State, in a manner complying with the requirements of the
secretary, 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, or if a partnership,
the state in which the partnership is organized and the names of the general partners, as
specified by the secretary, (2) the goods or services on or 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 anywhere and the date when it was first used in this state, by
the applicant or his predecessor in interest, (4) a statement that the applicant is the owner
of the mark or the owner's representative and that, to the knowledge of the person
verifying the application, 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 to be likely,
when applied to the goods or services of such other person, to cause confusion, or to
cause mistake, or to deceive purchasers, (5) a statement as to whether an application to
register the mark, or portions or composites thereof, has been filed by the applicant in
the United States Patent and Trademark Office; and, if so, the applicant shall provide
full particulars with respect thereto including the filing date and serial number of each
application, the status thereof, the identification of any marks cited during the pendency
thereof, and, if any mark was refused registration, the reasons therefor, and (6) a statement that, to the knowledge of the person verifying the application, the mark is not
known to be the subject matter of an existing federal registration granted to another.
The Secretary of the State may also require that a drawing of the mark, complying with
such requirements as the secretary may specify, be submitted.
(b) The application shall be signed subject to the penalties for false statement by
the applicant or by a member of the firm or an officer of the corporation or association
applying.
(c) The application shall be accompanied by three specimens or photographs showing the mark as actually used in commerce in this state.
(d) The application shall be accompanied by a fee of fifty dollars, payable to the
Secretary of the State, which fee shall not be refundable.
(1963, P.A. 51, S. 3; P.A. 73-483, S. 1; P.A. 93-152, S. 3; P.A. 96-180, S. 111, 166.)
History: P.A. 73-483 increased filing fee in Subsec. (d) from fifteen to twenty-five dollars; P.A. 93-152 amended
Subsec. (a) to replace "on a form to be furnished by said secretary" with "in a manner complying with the requirements
of the secretary", add in Subdiv. (1) "or if a partnership, the state in which the partnership is organized and the names of
the general partners, as specified by the secretary", replace in Subdiv. (3) "predecessor in business" with "predecessor in
interest", add in Subdiv. (4) that the statement specify that the applicant is the owner of the mark "or the owner's representative" and that "to the knowledge of the person verifying the application" no other person has the right to use the mark,
require in Subdiv. (5) that if any mark was refused registration the applicant provide the reasons therefor and add Subdiv.
(6) requiring the applicant to include a statement that the mark is not known to be the subject matter of an existing federal
registration granted to another and authorizing the secretary of the state to require that a drawing of the mark be submitted,
amended Subsec. (b) to require the application to be signed "subject to the penalties for false statement" rather than
"verified", amended Subsec. (c) to require the application to be accompanied by "three specimens or photographs showing
the mark as actually used in commerce in this state" rather than "a specimen or facsimile of such mark in quadruplicate"
and amended Subsec. (d) to replace "filing fee" with "fee", increase the fee from twenty-five to fifty dollars and provide
that the fee shall not be refundable; P.A. 96-180 made technical change in Subsec. (a) to correct reference to U.S. Patent
and Trademark Office, effective June 3, 1996.
Sec. 35-11d. Examination and amendment of application. Disclaimer. Refusal
of registration. Concurrent applications. (a) Upon the filing of an application for
registration and payment of the fee provided in section 35-11c, the Secretary of the State
shall cause the application to be examined to ensure conformity with sections 35-11a
to 35-11c, inclusive.
(b) The applicant shall provide any additional pertinent information requested by
the Secretary of the State including a description of a design mark, and the applicant
may make, or authorize the secretary to make, such amendments to the application as
may be reasonably requested by the secretary or deemed by the applicant to be advisable
to respond to any rejection or objection.
(c) The Secretary of the State may require the applicant to disclaim an unregistered
component of a mark otherwise registrable, and an applicant may voluntarily disclaim
a component of a mark sought to be registered.
(d) No disclaimer shall prejudice or affect the applicant's or registrant's rights of
registration on another application if the disclaimed matter is or becomes distinctive of
the applicant's or registrant's goods or services.
(e) If the applicant is found not to be entitled to registration, the Secretary of the
State shall advise the applicant thereof and of the reasons therefor. The applicant shall
have a reasonable period of time specified by the Secretary of the State in which to
reply or amend his application, which shall then be reexamined. This procedure may
be repeated until (1) the Secretary of the State finally refuses registration of the mark
or (2) the applicant fails to reply or amend within the specified period, whereupon the
application shall be deemed to have been abandoned.
(f) If the Secretary of the State finally refuses registration of the mark, the applicant
may seek a writ of mandamus to compel such registration. Such writ may be granted,
but without costs to the Secretary of the State, on proof that all the statements in the
application are true and that the mark is otherwise entitled to registration.
(g) In the instance of concurrent applications for registration of the same or confusingly similar marks for the same or related goods or services, the Secretary of the State
shall grant the registration to the applicant alleging the first date of use in the application
for registration and reject the other application or applications. If any rejected applicant
considers that he has prior or superior rights to the mark, he may bring an action for
cancellation of the registration.
(1963, P.A. 51, S. 4; P.A. 73-483, S. 2; P.A. 93-152, S. 4.)
History: P.A. 73-483 added Subsec. (d) re procedure where secretary receives concurrent applications to register same
or confusingly similar marks; P.A. 93-152 inserted a new Subsec. (b) to require the applicant to "provide any additional
pertinent information requested by the secretary of the state", formerly part of Subsec. (a), require the applicant to include
a description of a design mark when requested and authorize amendments to the application to respond to any rejection
or objection, inserted a new Subsec. (c) re disclaimer of a component of a mark, inserted a new Subsec. (d) re effect of a
disclaimer on another application, relettered the remaining Subsecs. accordingly and amended Subsec. (e) to add "or
amend" in Subdiv. (2).
Sec. 35-11e. Certificate of registration. Effective period. Renewal; fee. Record. (a) Upon compliance by the applicant with the requirements of this chapter, the
Secretary of the 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 the State and the seal of the state, and it shall show the name and business
address and, if a corporation, the state of incorporation, or if a partnership, the state in
which the partnership is organized and the names of the general partners, as specified
by the Secretary of the State, of the person claiming ownership of the mark, 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, the class of goods or services and a description of the goods or
services on or in connection with which the mark is used, a reproduction of the mark,
the registration date and the term of the registration. Any certificate of registration issued
by the Secretary of the State or a copy thereof certified by the Secretary of the 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.
(b) (1) Registration of a mark under this chapter shall be effective for a term of
five years from the date of registration and, upon application filed within six months
prior to the expiration of such term, in a manner complying with the requirements of
the Secretary of the State, the registration may be renewed for a like term from the end
of the expiring term. A fee for the application for renewal of fifty dollars, payable to
the Secretary of the State, shall accompany the application for renewal of the registration.
A registration of a mark may be renewed for successive periods of five years in like
manner. (2) Any registration in force on October 1, 1993, shall expire ten years from
the date of the registration or of the last renewal thereof and may be renewed for periods
of five years each by filing a renewal application with the Secretary of the State as
provided in subdivision (1) of this subsection.
(c) All applications for renewal under this section shall include a verified statement
that the mark has been in use and is still in use in this state, and include three specimens
showing actual use of the mark in commerce in the state upon or in connection with the
goods or services.
(d) The Secretary of the State shall keep for public examination a record of all marks
registered or renewed under this chapter.
(1963, P.A. 51, S. 5; P.A. 73-483, S. 3; P.A. 93-152, S. 5.)
History: P.A. 73-483 raised renewal fee in Subsec. (b) from fifteen to twenty-five dollars; P.A. 93-152 amended Subsec.
(a) to require the certificate to show "if a partnership, the state in which the partnership is organized and the names of the
general partners, as specified by the secretary of the state" and show the class of services and a description of the services
in connection with which the mark is used, amended Subdiv. (1) of Subsec. (b) to rephrase provisions, reduce from ten to
five years the term of a registration and renewal and replace "a renewal fee of twenty-five dollars" with "a fee for the
application for renewal of fifty dollars", amended Subdiv. (2) of Subsec. (b) to replace obsolete provision re expiration
and renewal of registrations in force on October 1, 1963, with provision re expiration and renewal of registrations in force
on October 1, 1993, deleted as obsolete former Subsec. (c) requiring notification by the secretary of the state of all registrants
within eighteen months of October 1, 1963, of expiration dates of such registrations and inserted a new Subsec. (c) to
require all renewal applications to include a verified statement re use of the mark and three specimens showing actual use
of the mark.
Sec. 35-11f. Assignment of mark and registration. Change of name. Recording
of other instruments. (a) Any mark and its registration under this chapter shall be
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. Assignment shall be by instruments in writing duly executed and may be recorded
with the Secretary of the State upon the payment of a recording fee of twenty-five dollars,
for each registration in the assignment document, payable to the Secretary of the State,
who, upon recording of the assignment, 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 this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the
Secretary of the State within three months after the date thereof or prior to such subsequent purchase.
(b) Any registrant or applicant effecting a change of the name of the person to whom
the registration was issued or by whom an application was filed may record a certificate
of change of name of registrant or applicant with the Secretary of the State upon the
payment of the recording fee of twenty-five dollars for each registration identified by
the registrant or applicant.
(c) The Secretary of the State shall issue in the new name of the registrant or applicant, or the assignee, a new certificate for the remainder of the term of the registration
or last renewal thereof.
(d) Other instruments which relate to a mark registered or application pending pursuant to this chapter including, but not limited to, licenses, security interests or mortgages, may be recorded in the discretion of the Secretary of the State, provided such
instrument is in writing and duly executed. A grant of a security interest shall be by
instrument in writing duly executed. Such other instruments shall be recorded by the
Secretary of the State upon the payment of the recording fee of twenty-five dollars for
each registration identified in the instrument.
(e) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the Secretary of the State, the record
shall be prima facie evidence of execution.
(f) A photocopy of any instrument referred to in subsection (a), (b), (c) or (d) of
this section shall be accepted for recording if it is certified by any of the parties thereto,
or their successors, to be a true and correct copy of the original.
(g) The Secretary of the State shall keep for public examination a record of all
documents recorded pursuant to this section.
(1963, P.A. 51, S. 6; 1969, P.A. 60; P.A. 73-483, S. 4; P.A. 93-152, S. 6; May 25 Sp. Sess. P.A. 94-1, S. 91, 130.)
History: 1969 act added provision re procedure for changing name under which mark was issued; P.A. 73-483 replaced
fifteen-dollar recording fee with twenty-dollar fee for each assignment document and imposed five-dollar fee "for each
additional trademark in excess of one in the same assignment document"; P.A. 93-152 inserted Subsec. indicators, amended
Subsec. (a) to replace "a fee of twenty dollars, for each assignment document and five dollars for each additional trademark
in excess of one in the same assignment document," with "a recording fee of twenty-five dollars, for each registration in
the assignment document," amended Subsec. (b) to make provisions re change of name applicable to an "applicant", replace
"a change of his name under which his mark was issued" with "a change of the name of the person to whom the registration
was issued or by whom an application was filed" and replace "a fee of fifteen dollars" with "the recording fee of twenty-five dollars for each registration identified by the registrant or applicant", amended Subsec. (c) to add "or applicant, or the
assignee", added Subsec. (d) to authorize the recording of other related instruments that are in writing and duly executed,
require a grant of a security interest to be by instrument in writing duly executed and require such other instruments to be
recorded upon the payment of the recording fee of twenty-five dollars for each registration identified in the instrument,
added Subsec. (e) re prima facie evidence of execution, added Subsec. (f) re recording of a certified photocopy of certain
instruments and added Subsec. (g) to require the secretary of the state to keep for public examination a record of all
documents recorded pursuant to this section; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (d) by making technical change,
effective July 1, 1994.
Sec. 35-11g. Cancellation of registration. The Secretary of the State shall cancel
from the register, in whole or in part, (1) any registration concerning which the Secretary
of the State receives a voluntary request for cancellation thereof from the registrant or
the assignee of record, accompanied by a recording fee of twenty-five dollars; (2) all
registrations granted under this chapter and not renewed in accordance with the provisions hereof; (3) any registration concerning which a court of competent jurisdiction
orders cancellation after finding: (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
contrary to the provisions of section 35-11b; (D) that the registration was obtained
fraudulently or in bad faith; (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 in the
United States Patent and Trademark Office prior to the date of first use in Connecticut by
the registrant under this chapter, and used in Connecticut and not abandoned, provided, if
the registrant proves that the registrant is the owner of concurrent registration of a mark
in the United States Patent and Trademark Office covering an area including this state,
the registration under this chapter shall not be cancelled for such area of the state; (F)
that the registered mark has become the generic name for the goods or services, or a
portion thereof, for which it has been registered; or (G) that another person has rights
in the state of Connecticut superior to those of the registrant; or (4) any registration
concerning which a court of competent jurisdiction orders cancellation on any other
ground.
(1963, P.A. 51, S. 7; P.A. 73-483, S. 5; P.A. 93-152, S. 7; May 25 Sp. Sess. P.A. 94-1, S. 92, 130; P.A. 96-180, S. 112, 166.)
History: P.A. 73-483 imposed five-dollar fee in Subdiv. (2); P.A. 93-152 deleted as obsolete former Subdiv. (1) requiring
cancellation after October 1, 1965, of registrations that are more than ten years old and not renewed and renumbered the
remaining Subdivs. accordingly, authorized the secretary to cancel a registration "in whole or in part", amended Subdiv.
(1) to replace "a fee of five dollars" with "a recording fee of twenty-five dollars", amended Subdiv. (3) to insert Subpara.
indicators, amend Subpara. (E) to reposition language and add proviso prohibiting cancellation for an area of the state
when the registrant is the owner of concurrent federal registration covering an area including this state and amend Subpara.
(F) to replace "common descriptive name of an article, substance or service" with "generic name for the goods or services,
or a portion thereof, for which it has been registered" and added Subdiv. (4) to require cancellation of any registration
concerning which a court orders cancellation on any ground; May 25 Sp. Sess. P.A. 94-1 made technical change, effective
July 1, 1994; P.A. 96-180 made technical change to correct reference to U.S. Patent and Trademark Office, effective June
3, 1996.
Sec. 35-11h. Classes of goods and services. The following general classes of
goods and services are established for convenience of administration of this chapter,
but not to limit or extend the applicant's or registrant's rights, and a single application
for registration of a mark may include any or all goods upon which or services with
which the mark is actually being used comprised in a single class and indicating the
appropriate class of goods or services. In no event shall a single application include
goods or services upon which the mark is being used which fall within different classes
of goods or services. Said classes are as follows:
| GOODS |
| CLASS | TITLE |
| 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. | Nonmetallic 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. |
| SERVICES |
| CLASS | TITLE |
| 35. | Advertising and business. |
| 36. | Insurance and financial. |
| 37. | Construction and repair. |
| 38. | Communication. |
| 39. | Transportation and storage. |
| 40. | Material treatment. |
| 41. | Education and entertainment. |
| 42. | Miscellaneous. |
(1963, P.A. 51, S. 8; P.A. 93-152, S. 8.)
History: P.A. 93-152 provided that a single application for registration of a mark may indicate "the appropriate class
of goods or services", revised and reduced from fifty-two to thirty-four the number of classes of goods and reordered and
renumbered the classes of services.
Sec. 35-11i. Illegal use of mark. Remedies. (a) Subject to the provisions of section
35-11k, any person who (1) uses in Connecticut, without the consent of the registrant,
any reproduction, counterfeit, copy or colorable imitation of a mark registered under
this chapter in connection with the sale, offering for sale, distribution or advertising of
any goods or services on or in connection with which such use is likely to cause confusion
or to cause mistake or to deceive as to the source or origin of such goods or services or
(2) reproduces, counterfeits, copies or colorably imitates any such mark and applies such
reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages,
wrappers, receptacles or advertisements intended to be used in commerce upon or in
connection with the sale, offering for sale, distribution or advertising of goods or services
on or in connection with which such use is likely to cause confusion or to cause mistake
or to deceive purchasers, shall be liable in a civil action by the registrant for any or all
of the remedies provided in subsection (b) of this section, except that under subdivision
(2) of this subsection the registrant shall not be entitled to recover profits or damages
unless the acts have been committed with the intent to cause confusion or to cause
mistake or to deceive.
(b) Any registrant of a mark registered under this chapter may proceed by suit to
enjoin the wrongful manufacture, use, display or sale of any reproduction, counterfeit
or imitation thereof and any court of competent jurisdiction may grant injunctions to
restrain such manufacture, use, display or sale as may be deemed just and reasonable,
and may require the defendants to pay to such registrant all profits derived from, or all
damages suffered by reason of, such wrongful manufacture, use, display or sale or both
such profits and damages; and such court may also order that any such reproduction,
counterfeit or imitation in the possession or under the control of any defendant be delivered to an officer of the court to be destroyed, or to the complainant. The court, in its
discretion, may enter judgment for an amount not to exceed three times such profits and
damages and a reasonable attorney's fee of the prevailing party in such cases where the
court finds the other party committed such wrongful acts with knowledge or in bad faith
or otherwise as according to the circumstances of the case. The enumeration of any right
or remedy herein shall not affect a registrant's right to prosecute under any penal law
of this state.
(c) The registrant of a mark which is famous in this state shall be entitled, subject
to the principles of equity, to an injunction against another's use of a mark, commencing
after the registrant's mark becomes famous, which causes dilution of the distinctive
quality of the registrant's mark, and to obtain such other relief as is provided in this
subsection. In determining whether a mark is famous, a court may consider factors
including, but not limited to the following: (1) The degree of inherent or acquired distinctiveness of the mark in this state; (2) the duration and extent of use of the mark in
connection with the goods and services; (3) the duration and extent of advertising and
publicity of the mark in this state; (4) the geographical extent of the trading area in
which the mark is used; (5) the channels of trade for the goods or services with which
the registrant's mark is used; (6) the degree of recognition of the registrant's mark in
its and in the other's trading areas and channels of trade in this state; and (7) the nature
and extent of use of the same or similar mark by third parties. The registrant shall be
entitled only to injunctive relief in this state in an action brought under this section,
unless the subsequent user wilfully intended to trade on the registrant's reputation or to
cause dilution of the registrant's mark. If such wilful intent is proven, the registrant shall
also be entitled to the remedies set forth in this chapter, subject to the discretion of the
court and the principles of equity.
(1963, P.A. 51, S. 9; P.A. 93-152, S. 9.)
History: P.A. 93-152 amended Subsec. (a) to replace "likely to cause confusion or to cause mistake or to deceive
purchasers" with "likely to cause confusion or to cause mistake or to deceive as to the source or origin of such goods or
services", replace "owner of such registered mark" with "registrant" and replace "committed with knowledge that such
imitation is intended to be used to cause confusion or to cause mistake or to deceive purchasers" with "committed with
the intent to cause confusion or to cause mistake or to deceive", amended Subsec. (b) to replace "owner" with "registrant",
rephrase provision re granting of injunctions and add provision authorizing the court to enter judgment for an amount not
to exceed three times such profits and damages and a reasonable attorney's fee when it makes certain findings, and deleted
former Subsec. (c) re likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade
name as a ground for injunctive relief for unauthorized use of such mark or trade name and inserted new Subsec. (c) to
entitle the registrant of a mark which is famous to an injunction and other relief against another's use of a mark that causes
dilution, set forth the factors a court may consider in determining whether a mark is famous and specify remedies available
to a registrant when the subsequent user wilfully intended to trade on the registrant's reputation or to cause dilution.
Held not applicable in action for injunction against use of similar name by new business firm. 27 CS 200.
Subsec. (c):
Cited. 173 C. 261, 268.
Approximation of FM radio station's assigned frequency does not constitute a service mark. 35 CS 1, 4, 5, 12.
Sec. 35-11j. Fraudulent registration. Any person who, for himself or on behalf
of any other person, procures the filing or registration of any mark in the office of the
Secretary of the State under the provisions of this chapter, by knowingly making any
false or fraudulent representation or declaration, orally 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.
(1963, P.A. 51, S. 10; P.A. 93-152, S. 10.)
History: P.A. 93-152 substituted "orally" for "verbally".
Sec. 35-11k. Common law rights not affected. Nothing in this chapter shall adversely affect the rights or the enforcement of rights in marks or trade names acquired
in good faith at any time at common law.
(1963, P.A. 51, S. 11.)
Cited. 173 C. 261, 268.
Sec. 35-11l. Trademark and service mark information furnished on request;
fees. Upon request of any person, the Secretary of the State shall issue a certificate
showing whether any trade or service mark or marks using a particular name or design
referred to in such certificate, or using a similar name or design, in a particular class
has been registered and, if so, the date and hour of such registration. The fee for such
certificate shall be twenty-five dollars. Upon request, the secretary shall furnish a copy
of any trade or service mark for a fee of twenty dollars or a certified copy of any trade
or service mark for a fee of twenty-five dollars.
(February, 1965, P.A. 400; P.A. 73-483, S. 6; P.A. 93-152, S. 11.)
History: P.A. 73-483 raised fee for certificate from three to ten dollars; P.A. 93-152 increased the fee for a certificate
from ten to twenty-five dollars, the fee for a copy of any trade or service mark from four to twenty dollars and the fee for
a certified copy of any trade or service mark from seven to twenty-five dollars.
Sec. 35-11m. Incontestable right of registrant. Except on a ground for which
application to cancel may be filed at any time under subdivision (4) of section 35-11g
and except to the extent, if any, to which the use of a mark infringes a mark registered
or published by the United States Patent and Trademark Office prior to the date of
registration pursuant to this chapter the right of the registrant pursuant to this chapter
to use such registered mark in commerce within Connecticut for the goods or services
on or in connection with which such registered mark has been in continuous use for five
consecutive years subsequent to the date of such registration in Connecticut and is still
in use in commerce, shall be incontestable; provided (1) there has been no final decision
adverse to the registrant's claim of ownership of such mark for such goods or services,
or to the registrant's right to register the same or to keep the same on the register; and
(2) there is no proceeding involving said rights pending in the United States Patent and
Trademark Office or in a court and not finally disposed of; and (3) no incontestable
right shall be acquired in a mark which is the common descriptive name of any article
or substance, patented or otherwise.
(P.A. 73-483, S. 10; P.A. 96-180, S. 113, 166.)
History: P.A. 96-180 made technical changes to correct references to U.S. Patent and Trademark Office, effective June
3, 1996.