Friday, August 04, 2006

Massachusetts Trademark Law Updated

The Boston Bar Association is reporting that Massachusetts has enacted legislation updating state trademark law to conform with INTA's model. The highlights:
  • The duration of state trademark registrations is halved, from ten to five years, reducing the number of “deadwood” registrations on the books.
  • State trademark registrations can be canceled for genericness.
  • Owners of state trademark registrations are able to seek treble damages for infringement that is committed knowingly or in bad faith.
  • In deciding whether to allow a trademark application, the Secretary of State is empowered to ask the applicant whether it previously sought to register the mark with the U.S. Patent and Trademark Office (USPTO) and, if registration was refused, to disclose why.
I can't for the life of me find anything about this legislation on the website, but perhaps that's just me. For reference, Massachusetts' trademark statute as it currently stands is available here.



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