1999 Legislation
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SENATE BILL NO. 1127 – Marks, certification/collective


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Daily Data Tracking History

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,
      Wood, Zimmermann
      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
         Effective: 07/01/99

Bill Text


 ||||              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

 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-


 1    nization.
 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
 9    law.
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 / Fiscal Impact

                      STATEMENT OF PURPOSE

                            RS 08905

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.

                           FISCAL NOTE

No fiscal impact on the general fund.

CONTACT:  Senator Darrington 332-1318
         Patrick Kole, Idaho Potato Commission 334-2350