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trademark-law-wa.add
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2005-02-22
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Common-law trademark law in Washington State
Such trademarks get registered with the Secretary of State,
http://www.secstate.wa.gov/corps/
The state statutes are in title 19.77 of the Revised Code of Washington
(RCW).
http://www.leg.wa.gov/rcw/index.cfm?fuseaction=chapter&chapter=19.77&RequestTimeout=500
Following text is taken from that title. Most elisions are not marked
as such.
NOTES:
Crimes relating to trademarks: Chapter 9.16 RCW.
RCW 19.77.010
Definitions.
(4) The term "colorable imitation" includes any mark which so resembles
a registered mark as to be likely to cause confusion or mistake or to
deceive.
(6) "Dilution" means the lessening of the capacity of a famous mark to
identify and distinguish goods or services through use of a mark by
another person, regardless of the presence or absence of (a) competition
between the owner of the famous mark and other parties, or (b)
likelihood of confusion, mistake, or deception arising from that use.
(10) "Trademark" or "mark" means any word, name, symbol, or device or
any combination thereof adopted and used by a person to identify goods
made or sold by him or her and to distinguish them from goods made or
sold by others, and any word, name, symbol, or device, or any
combination thereof, and any title, designation, slogan, character name,
and distinctive feature of radio or television programs, used by a
person in the sale or advertising of services to identify the services
provided by him or her and to distinguish them from the services of
others.
(11) A trademark shall be deemed to be "used" in this state when it
is placed in the ordinary course of trade and not merely to reserve a
right in a mark in any manner on the goods or their containers, or on
tabs or labels affixed thereto, or displayed in connection with such
goods, and such goods are sold or otherwise distributed in this state,
or when it is used or displayed in the sale or advertising of services
rendered in this state.
RCW 19.77.030
Application for registration -- Fee -- Rules -- Corrections -- Amendment
for change in categories.
(1) Subject to the limitations set forth in this chapter, any person who
has adopted and is using a trademark 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 trademark
setting forth, but not limited to, the following information:
(f) A statement that the applicant believes himself to be the owner of
the trademark and believes that no other person has the right to use
such trademark in connection with the same or similar goods or services
in this state either in the identical form or in such near resemblance
thereto as to be likely, when used on or in connection with the goods or
services of such other person, to cause confusion or mistake or to
deceive;
RCW 19.77.050
Duration of certificate -- Renewal -- Fees -- Rules.
Registration of a trademark hereunder shall be effective for a term of
five years from the date of registration.
RCW 19.77.140
Trademark imitation.
(1) Subject to the provisions of RCW 19.77.900 any person who shall:
(a) Use, without the consent of the registrant, any reproduction,
counterfeit, copy, or colorable imitation of a trademark registered
under this chapter in connection with the sale, offering for sale, or
advertising of any goods or services on or in connection with which such
use is likely to cause confusion or mistake or to deceive as to the
source or origin of such goods or services; or
(b) Reproduce, counterfeit, copy or colorably imitate any such
trademark and apply such reproduction, counterfeit, copy or colorable
imitation to labels, signs, prints, packages, wrappers, receptacles, or
advertisements intended to be used upon or in connection with the sale
or other distribution of goods or services in this state 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
shall be liable to a civil action by the registrant for any or all of
the remedies provided in RCW 19.77.150, except that under (b) 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 mistake or to deceive.
RCW 19.77.160
Injunctive relief for owners of famous marks.
(1) The owner of a mark that is famous in this state shall be entitled,
subject to the principles of equity and upon such terms as the court
deems reasonable, to an injunction against another person's commercial
use in this state of a mark, commencing after the mark becomes famous,
which causes dilution of the distinctive quality of the mark, and to
obtain such other relief as is provided in this section. In determining
whether a mark is famous and has distinctive quality, a court shall
consider all relevant factors, including, but not limited to the
following:
[...]
(3) The following are not actionable under this section:
(a) Fair use of a famous mark by another person in comparative
commercial advertising or promotion to identify competing goods or
services of the owner of the famous mark;
(b) Noncommercial use of a famous mark; and
(c) All forms of reporting and news commentary.
Chapter 9.16 RCW
BRANDS AND MARKS, CRIMES RELATING TO
RCW 9.16.030
Counterfeit mark -- Intellectual property.
Any person who willfully and knowingly, and for financial gain,
manufactures, uses, displays, advertises, distributes, offers for sale,
sells or possesses with intent to sell or distribute any item, or offers
any services, bearing or identified by a counterfeit mark, is guilty of
the crime of counterfeiting.
RCW 9.16.060
Fraudulent registration of trademark.
Every person who shall for himself, or on behalf of any other person,
corporation, association or union, procure the filing of any label,
trademark, term, design, device or form of advertisement, with the
secretary of state by any fraudulent means, shall be guilty of a
misdemeanor.