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 one hundred 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; June Sp. Sess. P.A. 09-3, S. 376.)
History: P.A. 73-483 raised renewal fee in Subsec. (b) from $15 to $25; 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 of Subsec. (b)(1) to rephrase provisions, reduce from ten to five years the term of
a registration and renewal and replace renewal fee of $25 with fee of $50, amended Subsec. (b)(2) 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 18 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; June Sp. Sess. P.A. 09-3 increased fee in Subsec. (b)(1) from $50 to $100.
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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 fifty 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 fifty 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 fifty 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; June
Sp. Sess. P.A. 09-3, S. 377.)
History: 1969 act added provision re procedure for changing name under which mark was issued; P.A. 73-483 replaced
$15 recording fee with $20 fee for each assignment document and imposed $5 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 fees
of $20 for each assignment document and $5 for each additional trademark in excess of one in the same assignment
document," with recording fee of $25 "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 $15 fee with $25 recording fee "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 $25 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; June Sp. Sess. P.A. 09-3 increased fees in Subsecs. (a), (b) and (d) from $25 to $50.
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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 fifty 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; June Sp. Sess. P.A. 09-3, S. 378.)
History: P.A. 73-483 imposed $5 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 10 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 $5 fee with recording fee of $25, 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; June Sp. Sess. P.A. 09-3 increased recording fee from $25 to $50.
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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 fifty dollars. Upon request, the secretary shall furnish a copy of any
trade or service mark for a fee of forty dollars or a certified copy of any trade or service
mark for a fee of fifty dollars.
(February, 1965, P.A. 400; P.A. 73-483, S. 6; P.A. 93-152, S. 11; June Sp. Sess. P.A. 09-3, S. 379.)
History: P.A. 73-483 raised fee for certificate from $3 to $10; P.A. 93-152 increased the fee for a certificate from $10
to $25, the fee for a copy of any trade or service mark from $4 to $20 and the fee for a certified copy of any trade or service
mark from $7 to $25; June Sp. Sess. P.A. 09-3 increased fees.
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