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Session Laws, 1954
Volume 604, Page 223   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 223

(c) The application shall be accompanied by a specimen
or facsimile of such trade-mark in triplicate.

(d) The application for registration shall be accom-
panied by a filing fee of Ten Dollars ($10.00), payable
to the Secretary of State.

87D. (Certificate of Registration.) (a) Upon compli-
ance by the applicant with the requirements of this sub-
heading, the Secretary of 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 State and the seal of the State,
and it shall show the name and business address and, if a
corporation, the state of incorporation, of the person claim-
ing ownership of the trade-mark, the date claimed for the
first use of the trade-mark anywhere and the date claimed
for the first use of the trade-mark in this State, the class
of goods and a description of the goods on which the trade-
mark is used, a reproduction of the trade-mark, the regis-
tration date and the term of the registration.

(b) Any certificate of registration issued by the Secre-
tary of State under the provisions hereof or a copy thereof
duly certified by the Secretary of State shall be admissible
in evidence as competent and sufficient proof of the regis-
tration of such trade-mark in any action or judicial pro-
ceedings in any court of this State.

(C) BEFORE THE SECRETARY OF STATE DE-
CIDES THAT AN APPLICANT HAS NOT COMPLIED
WITH THE REQUIREMENTS OF THIS SUB-HEADING
AND FOR THAT REASON MAY NOT BE ISSUED A
CERTIFICATE OF REGISTRATION, HE SHALL PRO-
VIDE THE APPLICANT AN OPPORUNITY TO AP-
PEAR PERSONALLY BEFORE HIM IN ORDER TO
EXPLAIN THE APPARENT NON-COMPLIANCE
WITH SUCH REQUIREMENTS.

87E. (Duration and Renewal.) (a) Registration of a
trade-mark hereunder shall be effective for a term of ten
years from the date of registration and, upon application
filed within six 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 Five Dollars ($5.00), payable to the Secretary of
State, shall accompany the application for renewal of the
registration.

(b) A trade-mark registration may be renewed for suc-
cessive periods of ten years in like manner.


 

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Session Laws, 1954
Volume 604, Page 223   View pdf image (33K)
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