As Amended
SEC. 75-25-17. Classification.
[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] 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 and services upon which the mark is actually being used comprised in a single class, but 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.
The classes of goods are as follows:
Raw or partly prepared materials
Receptacles
Baggage, animal equipments, portfolios, and pocketbooks
Abrasives and polishing materials
Adhesives
Chemicals and chemical compositions
Cordage
Smokers' articles, not including tobacco products
Explosives, firearms, equipments, and projectiles
Fertilizers
Inks and inking materials
Construction materials
Hardware and plumbing and steam-fitting supplies
Materials and metal castings and forgings
Oils and greases, gasoline and oil fuels
Paints and painters' materials
Tobacco products
Medicine and pharmaceutical preparations
Vehicles
Linoleum and oilcloth
Electrical apparatus, machines, and supplies
Games, toys, and sporting goods
Cutlery, machinery, and tools, and parts thereof
Laundry appliances and machines
Locks and safes
Measuring and scientific appliances
Horological instruments
Jewelry and precious-metal ware
Brooms, brushes, and dusters
Crockery, earthenware, and porcelain
Filters and refrigerators
Furniture and upholstery
Glassware
Heating, lighting, and ventilating apparatus
Belting, hose, machinery, packing and nonmetallic tires
Musical instruments and supplies
Paper and stationery
Prints and publications
Clothing
Fancy goods, furnishings, and notions
Canes, parasols, and umbrellas
Knitted, netted and textile fabrics, and substitutes therefor
Thread and yarn
Dental, medical, and surgical appliances
Soft drinks and carbonated waters
Foods and ingredients of foods
Wines
Malt beverages and liquors
Distilled and alcoholic liquors
Merchandise not otherwise classified
Cosmetics and toilet preparations
Detergents and soaps
The classes of services are as follows:
Service not otherwise classified
Advertising and business
Insurance and financial
Construction and repair
Communication
Transportation and storage
Material treatment; and
Education and entertainment.
[From and after January 1, 1997, this section will be entitled: "Cancellation.", and will read as follows:] The secretary shall cancel from the register, in whole or in part:
(1) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(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 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 mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered,
(f) 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 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 owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration hereunder shall not be cancelled for such area of the state, or
(g) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
SOURCES: Codes, 1942, Sec. 4227-09; Laws, 1952, ch. 338, Sec. 9; 1971, ch. 437, Sec. 9, eff from and after July 1, 1971. Laws, 1996, ch. 402, Sec. 9, eff from and after January 1, 1997