Senate Bill No. 153

Senate Bill No. 153-Committee on Commerce and Labor

CHAPTER

AN ACT relating to the identification of goods, services and organizations; establishing criteria for specimens that accompany an application for the registration of a mark; authorizing the amendment, renewal, assignment and cancellation of a designation of laundered supplies; revising the contents of an application for the registration of a mark; revising the manner in which the name and insignia of an organization may be registered; and providing other matters properly relating thereto.

[Approved May 15, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. Chapter 600 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.
Sec. 2. No document which is written in a language other than English may be filed or submitted for filing in the office of the secretary of state pursuant to the provisions of this chapter unless it is accompanied by a verified translation of the document into the English language.
Sec. 3. 1. A specimen accompanying an application for the registration of a mark must meet the following criteria:
(a) The specimen must agree with the mark as described in the application, must agree with the mark as used, and evidence use of the mark.
(b) If the specimen is a drawing, it must be a substantially exact representation of the mark as actually used.
(c) The specimen must fit on a page of paper not larger than 8 1/2 inches by 11 inches.
(d) A specimen may be a facsimile or photograph of the mark.
(e) The specimen must be suitable for reproduction, retention and retrieval.
2. After registration, an applicant may not change the specimen if the change constitutes a material alteration of the mark.
Sec. 4. NRS 600.140 is hereby amended to read as follows:
600.140 [Any] A person engaged in the business of supplying clean laundered garments, towels, table linen or other articles which are the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indicium of ownership, and may register and subsequently amend, renew, assign or cancel the name, mark or device by filing it in the manner provided in NRS 600.240 to 600.400, inclusive, and section 3 of this act, and publishing it under the provisions [provided in NRS 600.130 to 600.230, inclusive.] of NRS 600.150.
Sec. 5. NRS 600.150 is hereby amended to read as follows:
600.150 In addition to the filing required by NRS 600.140, in order to register a name, mark or device under NRS 600.130 to 600.230, inclusive, the supplier shall : [do all of the following:]
1. File in the office of the [secretary of state and also in the office of the] county clerk of the county in which the principal place of business of the supplier is located, or if [such] his place of business is located outside of the state then in the office of the county clerk of any county of the state, a description of the names, marks or devices so used [.] ; and
2. Cause the description of the name, mark or device to be printed once a week for 3 successive weeks in a newspaper published in the county in which the description has been filed.
Sec. 6. NRS 600.160 is hereby amended to read as follows:
600.160 The registrant shall pay [to the secretary of state for filing each laundry supply designation described and for issuing a certificate of filing a fee of $5, and] to the county clerk a fee of $1 for each [such] laundry supply designation described and filed.
Sec. 7. NRS 600.240 is hereby amended to read as follows:
600.240 As used in NRS 600.240 to 600.450, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 600.250 to 600.320, inclusive, have the meanings ascribed to them in those sections.
Sec. 8. NRS 600.340 is hereby amended to read as follows:
600.340 1. A person who [adopts and uses] has adopted and is using a mark 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 mark setting forth, but not limited to, the following information:
(a) Whether the mark to be registered is a trade-mark, trade name or service mark;
(b) A description of the mark by name, words displayed in it, or other information;
(c) The name and business address of the person applying for the registration and, if it is a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation [;
(b)] or organization;
(d) The specific goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the secretary of state which includes those goods or services;
[(c)] (e) The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business [; and
(d)] which must precede the filing of the application; and
(f) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.
2. The application must:
(a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
(b) Be accompanied by a specimen or facsimile of the mark in triplicate and by a filing fee of $50 payable to the secretary of state.
3. If the application fails to comply with this section or section 3 of this act, the secretary of state shall return it for correction.
Sec. 9. NRS 600.350 is hereby amended to read as follows:
600.350 1. Upon compliance by the applicant with the requirements of NRS 600.330 and 600.340, the secretary of state shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the secretary of state and the seal of the state, and it must designate [the] :
(a) The name and business address and, if a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation [,] or organization of the person claiming ownership of the mark [, the] ;
(b) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state [, the] ;
(c) The class of goods or services to which the mark applies [, a] ;
(d) A description of the goods or services on which the mark is used [, a] ;
(e) A reproduction of the mark [, the] ;
(f) The registration date ; and [the]
(g) The term of the registration.
If a date of first use contained in the application is indefinite, the certificate of registration must designate the latest definite date that can be inferred from the words used. If a month and year are given without specifying the day, the date is presumed to be the last day of the month. If only a year is given, the date is presumed to be the last day of the year.
2. The certificate of registration or a copy of the certificate certified by the secretary of state is admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this state, and raises a disputable presumption that the person to whom the certificate was issued is the owner of the mark in this state as applied to the goods or services described in the certificate.
Sec. 10. NRS 600.355 is hereby amended to read as follows:
600.355 1. If any statement in an application for registration of a mark was incorrect when made or any arrangements or other facts described in the application have changed, making the application inaccurate in any respect [,] without materially altering the mark, the registrant shall promptly file in the office of the secretary of state a certificate, signed [and acknowledged] by the registrant or his successor or by a member of the firm or an officer of the corporation or association to which the mark is registered, correcting the statement.
2. Upon the filing of a certificate of amendment or judicial decree of amendment and the payment of a filing fee of $30, the secretary of state shall issue, in accordance with NRS 600.350, an amended certificate of registration for the remainder of the period of the registration.
Sec. 11. NRS 601.050 is hereby amended to read as follows:
601.050 [Any]
1. An association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, labor organization, foundation, federation, or any other society, organization or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the constitution and laws of the United States or this state, may register , alter, assign or cancel in the office of the secretary of state a facsimile, duplicate or description of its name, badge, motto, button, decoration, charm, emblem, rosette or other [insignia, and may, by reregistration, alter or cancel the same.] insigne, as if it were a mark, in the manner provided in NRS 600.240 to 600.400, inclusive.
2. The provisions of this section for alteration, assignment or cancellation apply also to any insigne described in subsection 1 which was registered before October 1, 1997.
Sec. 12. NRS 601.110 is hereby amended to read as follows:
601.110 Any person who [shall willfully wear, exhibit, display, print or use] willfully wears, exhibits, displays, prints or uses for any purpose the badge, motto, button, decoration, charm, emblem, rosette or other [insignia] insigne of any association or organization mentioned in NRS 601.050 [to 601.100, inclusive,] and duly registered , [under those sections of NRS,] unless he [shall be] is entitled to use and wear [the same] it under the constitution, bylaws, rules and regulations of [such association and] the association or organization , shall be punished by a fine not exceeding $500.
Sec. 13. NRS 601.060, 601.070, 601.090, 601.100 and 601.105 are hereby repealed.

LEADLINES OF REPEALED SECTIONS

601.060 Application for registration; filing fee; facsimiles of insigne to accompany application.
601.070 Secretary of state to issue certificate of registration.
601.090 Records of registration.
601.100 Similarity of names and insignia prevents registration.
601.105 Expiration and renewal of registration; fee; notice.
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