2005 Legislation
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HOUSE BILL NO. 220 – Trademark renewal, fees

HOUSE BILL NO. 220

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Bill Status



H0220......................................................by STATE AFFAIRS
TRADEMARK RENEWAL FEES - Amends existing law to clarify that trademark
renewal applications may include a fee for each class code.
                                                                        
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to St Aff
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 65-1-4
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
      Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
      Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
      McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart,
      Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
      Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Trail, Wills, Wood, Mr. Speaker
      NAYS -- Barrett
      Absent and excused -- Cannon, Jones, Lake, Stevenson
    Floor Sponsor - Black
    Title apvd - to Senate
03/08    Senate intro - 1st rdg - to St Aff
03/22    Rpt out - rec d/p - to 2nd rdg
03/23    2nd rdg - to 3rd rdg
03/24    3rd rdg - PASSED - 34-0-0, 1 vacancy
      AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
      Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
      Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- (District 21 seat vacant)
    Floor Sponsor - Little
    Title apvd - to House
03/24    To enrol
03/28    Rpt enrol - Sp signed
03/29    Pres signed
03/30    To Governor
04/05    Governor signed
         Session Law Chapter 273
         Effective: 07/01/05

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 220
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REGISTRATION OF TRADEMARKS; AMENDING SECTION 48-506,  IDAHO  CODE,
  3        TO  CLARIFY THAT TRADEMARK RENEWAL APPLICATIONS MAY INCLUDE A FEE FOR EACH
  4        CLASS CODE AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 48-506, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        48-506.  DURATION  AND RENEWAL. (1) A registration of mark hereunder shall
  9    be effective for a term of ten (10) years from the date of  registration  and,
 10    upon  application  filed within six (6) months prior to the expiration of such
 11    term in a manner complying with the rules of the secretary of state, the  reg-
 12    istration may be renewed for a like term from the end of the expiring term.
 13        (2)  A renewal fee, payable to the secretary of state, shall accompany the
 14    application  for  renewal  of  the  registration.  When  a renewal application
 15    includes goods or services which fall within multiple classes,  the  secretary
 16    of state may require payment of a fee for each class.
 17        (3)  A  registration  may  be  renewed  for successive periods of ten (10)
 18    years in like manner and the secretary of state shall issue a  certificate  of
 19    renewal.
 20        (4)  Any  registration in force on the date on which this act shall become
 21    effective shall continue in full force  and  effect  for  the  unexpired  term
 22    thereof  and may be renewed by filing an application for renewal with the sec-
 23    retary of state in compliance with the rules of the secretary  of  state  upon
 24    payment  of  the  renewal fee within six (6) months prior to the expiration of
 25    the registration.
 26        (5)  All applications for renewal under this act, whether of registrations
 27    made under this act or of registrations effected under any  prior  act,  shall
 28    include a statement that the mark has been and is still in use.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 14917

The intent of this legislation is to clarify that a fee is
required for each class code in a trademark renewal application.



                           FISCAL NOTE

There are, in the trademark database, over 230 trademarks with
multiple class codes that will begin renewing in 2006. Renewals
are at a rate of approximately 10 percent. This would suggest a
very small increase in revenue to the general fund.





Contact
Name:  Chuck Goodenough
       Deputy Secretary of State
       Commercial Division
Phone: 208-334-2301

STATEMENT OF PURPOSE/FISCAL NOTE                     H 220