Print Friendly SENATE BILL NO. 1127 – Marks, certification/collective
SENATE BILL NO. 1127
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S1127................................................by JUDICIARY AND RULES
TRADEMARKS - Amends existing law to provide definitions for the terms
"certification mark" and "collective mark" in the Idaho Trademark Act.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Diede, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsor - Sandy
Title apvd - to House
03/02 House intro - 1st rdg - to St Aff
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Geddes, Gould, Hadley, Hammond, Hansen(23),
Henbest, Hornbeck, Jones, Judd, Kellogg, Kempton, Kendell, Kunz,
Lake, Limbaugh, Linford, Loertscher, Marley, McKague, Meyer(Duncan),
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Williams,
NAYS -- None
Absent and excused -- Black, Callister, Gagner, Hansen(29), Jaquet,
Mader, Wheeler, Mr Speaker
Floor Sponsor - Judd
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 168
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE SENATE
SENATE BILL NO. 1127
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO TRADEMARKS; PROVIDING LEGISLATIVE INTENT; AND AMENDING SECTION
3 48-501, IDAHO CODE, TO PROVIDE DEFINITIONS FOR THE TERMS "CERTIFICATION
4 MARK" AND "COLLECTIVE MARK."
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature that
7 the registration of marks previously completed by the Secretary of State as
8 trademarks or service marks that are more appropriately defined as collective
9 marks or certification marks shall not be impacted by this act. The Legisla-
10 ture intends this to be remedial legislation that clarifies Chapter 5, Title
11 48, Idaho Code, by adding definitions of "collective marks" and "certification
12 marks" to the Idaho Trademark Act. The Legislature further intends that no
13 previously registered marks shall be invalidated, canceled, deemed abandoned,
14 considered improperly granted or as having been fraudulently obtained due to
15 passage of this act.
16 SECTION 2. That Section 48-501, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 48-501. DEFINITIONS. Whenever used in this chapter:
19 (1) "Abandoned" shall mean when either of the following occurs:
20 (a) When the use of the mark has been discontinued with intent not to
21 resume such use. Intent not to resume may be inferred from circumstances.
22 Nonuse for two (2) consecutive years shall constitute prima facie evidence
23 of abandonment.
24 (b) When any course of conduct of the owner, including acts of omission
25 as well as commission, causes the mark to lose its significance as a mark.
26 (2) "Applicant" shall mean the person filing an application for registra-
27 tion of a mark under this act, and the legal representatives, successors, or
28 assigns of such person.
29 (3) "Certification mark" shall mean any word, name, symbol or
30 device or any combination thereof: (a) used by a person other than its owner,
31 or (b) which its owner has a bona fide intention to permit a person other than
32 the owner to use in commerce and files an application to register on the prin-
33 cipal register established by this chapter to certify regional or other ori-
34 gin, material, mode of manufacture, quality, accuracy or other characteristics
35 of such person's goods or services or that the work or labor on the goods or
36 services was performed by members of a union or other organization.
37 (4) "Collective mark" shall mean a trademark or service mark: (a) used by
38 the members of a cooperative, an association, or other collective group or
39 organization; or (b) which such cooperative association or other collective
40 group or organization has a bona fide intention to use in commerce and applies
41 to register on the principal register established by this chapter, and
42 includes marks indicating membership in a union, an association or other orga-
2 (5) "Dilution" shall mean the lessening of the capacity of
3 registrant's mark to identify and distinguish goods or services, regardless of
4 the presence or absence of: (a) competition between the parties, or (b) like-
5 lihood of confusion, mistake or deception.
6 ( 4 6 ) "Juristic person" shall mean a firm, part-
7 nership, corporation, limited liability company or partnership, union, associ-
8 ation, or other organization capable of suing and being sued in a court of
10 ( 5 7 ) "Mark" shall mean any trademark ,
11 or service mark, collective mark or certification
12 mark entitled to registration under this act whether registered or not.
13 ( 6 8 ) "Person" shall mean the applicant or other
14 party entitled to a benefit or privilege or rendered liable under the provi-
15 sions of this act and includes a juristic person as well as a natural person.
16 ( 7 9 ) "Registrant" shall mean the person to whom
17 the registration of a mark under this act is issued, and the legal representa-
18 tives, successors or assigns of such person.
19 ( 8 10 ) "Service mark" shall mean any word, name,
20 symbol, or device or any combination thereof used by a person to identify and
21 distinguish the services of one (1) person, including a unique service, from
22 the services of others, and to indicate the source of the services, even if
23 that source is unknown. Titles, character names used by a person, and other
24 distinctive features of radio or television programs may be registered as ser-
25 vice marks notwithstanding that they, or the programs, may advertise the goods
26 of the sponsor.
27 ( 9 11 ) "Trademark" shall mean any word, name,
28 symbol, or device or any combination thereof used by a person to identify and
29 distinguish the goods of such person, including a unique product, from those
30 manufactured and sold by others, and to indicate the source of the goods, even
31 if that source is unknown.
32 (1 0 2 ) "Trade name" shall mean any name used by a
33 person to identify a business or vocation of such person.
34 (1 1 3 ) "Use" shall mean the bona fide use of a
35 mark in the ordinary course of trade, and not made merely to reserve a right
36 in a mark. For the purposes of this act, a mark shall be deemed to be in use:
37 (a) on goods when it is placed in any manner on the goods or other containers
38 or the displays associated therewith or on the tags or labels affixed thereto,
39 or if the nature of the goods makes such placement impracticable, then on doc-
40 uments associated with the goods or their sale, and the goods are sold or
41 transported in commerce in this state; and (b) on services when it is used or
42 displayed in the sale or advertising of services and the services are rendered
43 in this state.
STATEMENT OF PURPOSE
The purpose of this legislation is to express the
Legislature's intent that collective and certification marks
previously registered by the Idaho Secretary of State as
trademarks or service marks can be reclassified by the
Secretary of the State into more appropriate categories. The
Act accomplishes this by simply adding two definitions, one
for collective marks and one for certification marks, to
existing law. The definitions used are from the Lanham Act,
which is the source of other definitions used in existing law.
The legislation is necessary because the Legislature, which
adopting the Model State Trademark Act drafted by the
International Trademark Association, was unaware that
definitions of collective and certification marks were not
included in the Model Act. This Act corrects that oversight
and adds those definitions.
This Act also provides that this reclassification is
ministerial and technical in nature, and that no hold of a
state registered collective or certification mark will be
prejudiced by this legislation or by the Secretary of the
State's reclassification of their marks.
No fiscal impact on the general fund.
CONTACT: Senator Darrington 332-1318
Patrick Kole, Idaho Potato Commission 334-2350
STATEMENT OF PURPOSE/ FISCAL NOTE