As Amended
SEC. 75-25-9. Duration and renewal.
[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] Registration of a mark hereunder shall be effective for a term of ten (10) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee of Twenty-five Dollars ($25.00), payable to the Secretary of State, shall accompany the application for renewal of the registration.
A mark registration may be renewed for successive periods of ten (10) years in like manner.
Any registration in force on the date on which this chapter shall become effective shall expire ten (10) years from the date of the registration or of the last renewal thereof or one (1) year after the effective date of this chapter, whichever is later, and may be renewed by filing an application with the Secretary of State on a form furnished by him and paying the aforementioned renewal fee thereof within six (6) months prior to the expiration of the registration.
[From and after January 1, 1997, this section will be entitled: "Issuance and delivery of certificate of registration; admissibility in evidence.", and will read as follows:] Upon compliance by the applicant with the requirements of this chapter, the secretary 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 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 or other entity, the state in which the partnership or other entity is organized and the names of the general partners, owners, and/or managers, as specified by the secretary, 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 under the provisions hereof or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state.
SOURCES: Codes, 1942, Sec. 4227-05; Laws, 1952, ch. 338, Sec. 5; 1958, ch. 346, Sec. 3; 1971, ch. 437, Sec. 5; 1985, ch. 381, Sec. 8, eff from and after July 1, 1985. Laws, 1996, ch. 402, Sec. 5, eff from and after January 1, 1997