reglab/housing_qa huggingface dataset:
MT Code § 30-13-216 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 2. Assumed Business Names|30-13-216. Evidentiary effect of certificates and documents of secretary of state

  30-13-216. Evidentiary effect of certificates and documents of secretary of state. All certificates issued by the secretary of state in accordance with the provisions of this part and all copies of documents filed in the secretary of state's office in accordance with the provisions of this part when certified by the secretary of state must be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts stated in the certificate or document.   History: En Sec. 16, Ch. 260, L. 1979; amd. Sec. 952, Ch. 56, L. 2009.
MT Code § 30-13-217 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 2. Assumed Business Names|30-13-217. Fees and charges to be established and collected by secretary of state

  30-13-217. Fees and charges to be established and collected by secretary of state. (1) The secretary of state shall establish, charge, collect, and deposit, in accordance with 2-15-405:   (a) fees for filing documents and issuing certificates pursuant to this part; and   (b) miscellaneous charges for other services provided by the secretary of state pursuant to this part.   (2) Fees and charges may be paid by credit card and may be discounted for payment processing charges paid by the secretary of state to a third party.   History: En Sec. 17, Ch. 260, L. 1979; amd. Sec. 3, Ch. 119, L. 1985; amd. Sec. 6, Ch. 449, L. 1995; amd. Sec. 8, Ch. 366, L. 1997; amd. Sec. 15, Ch. 396, L. 2001; amd. Sec. 5, Ch. 26, L. 2011.
MT Code § 30-13-218 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 2. Assumed Business Names|30-13-218. Execution constituting affirmation -- penalty -- warning

  30-13-218. Execution constituting affirmation -- penalty -- warning. (1) The execution of any document required to be filed with the secretary of state under this part constitutes an affirmation, under the penalties of false swearing, by each person executing the document that the facts stated in the document are true.   (2) The secretary of state shall provide for the printing of a warning to this effect on each form prescribed by the secretary of state under this part.   History: En. Sec. 1, Ch. 174, L. 1983; amd. Sec. 953, Ch. 56, L. 2009.
MT Code § 30-13-219 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 2. Assumed Business Names|30-13-219. Political party central committee assumed business name

  30-13-219. Political party central committee assumed business name. Only a city, county, or state central committee of a political party may register an assumed business name on behalf of the central committee. The secretary of state may not accept an application for an assumed business name of a city, county, or state central committee of a political party unless it is accompanied by a resolution of the relevant central committee attesting that it is the entity applying for an assumed business name.   History: En. Sec. 4, Ch. 198, L. 2019.
MT Code § 30-13-220 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 2. Assumed Business Names|30-13-220. reserved

  30-13-220 reserved.
MT Code § 30-13-221 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 2. Assumed Business Names|30-13-221. Filing of facsimile copy

  30-13-221. Filing of facsimile copy. (1) The secretary of state may treat a facsimile copy of a document that is required to be filed under this part and the signatures on the facsimile copy in the same manner as an original for purposes of this part. If all other requirements are met, the date of filing relates back to the date of receipt of the facsimile copy.   (2) A person who files a false document by facsimile copy is liable to the party aggrieved for three times the amount of damages resulting from the filing of the false document.   History: En. Sec. 4, Ch. 273, L. 1989; amd. Sec. 3, Ch. 290, L. 1997.
MT Code § 30-13-302 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-302. Repealed

  30-13-302. Repealed. Sec. 16, Ch. 257, L. 2003.   History: En. Sec. 2, Ch. 429, L. 1979.
MT Code § 30-13-303 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-303. Registrability

  30-13-303. Registrability. (1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others may not be registered if it:   (a) consists of or comprises immoral, deceptive, or scandalous matter;   (b) consists of or comprises matter that may disparage or falsely suggest a connection with persons, living or dead, or institutions, beliefs, or national symbols or bring them into contempt or disrepute;   (c) consists of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality, or of any foreign nation or any simulation of the flag or coat of arms of any of the enumerated entities;   (d) consists of or comprises the name, signature, or portrait of any living individual, except with the individual's written consent;   (e) consists of a mark that:   (i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;   (ii) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or   (iii) is primarily merely a surname; or   (f) consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.   (2) Subsection (1)(e) does not prevent the registration of a mark used in this state by the applicant that has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use of the mark or service mark as a mark by the applicant in this state or elsewhere for the 5 years before the date on which the claim of distinctiveness is made.   History: En. Sec. 3, Ch. 429, L. 1979; amd. Sec. 2, Ch. 257, L. 2003.
MT Code § 30-13-304 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-304. through 30-13-309 reserved

  30-13-304 through 30-13-309 reserved.
MT Code § 30-13-310 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-310. Filing of applications

  30-13-310. Filing of applications. (1) Upon the filing of an application for registration and payment of the application fee, the secretary of state may cause the application to be examined for conformity with this part.   (2) The applicant shall provide any additional pertinent information requested by the secretary of state, including a description of a design mark, and may make or authorize the secretary of state to make amendments to the application that may be reasonably requested by the secretary of state or considered by the applicant to be advisable to respond to any rejection or objection.   (3) The secretary of state may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. A disclaimer may not prejudice or affect the applicant's or registrant's rights then existing or later arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or has become distinctive of the applicant's or registrant's goods or services.   (4) Amendments may be made by the secretary of state upon the application submitted by the applicant upon the applicant's agreement, or the secretary of state may require that a new application be submitted.   (5) If the applicant is found not to be entitled to registration, the secretary of state shall advise the applicant of that finding and of the reasons for the finding. The applicant must have a reasonable period of time, specified by the secretary of state, in which to reply or to amend the application. In the event of a reply or amended application, the application must be reexamined. This procedure may be repeated until:   (a) the secretary of state finally refuses registration of the mark; or   (b) the applicant fails to reply or amend the application within the specified period, in which case the application is considered abandoned.   (6) If the secretary of state finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel registration. The writ may be granted, but without costs to the secretary of state, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.   (7) If applications are concurrently being processed by the secretary of state seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary of state shall grant priority to the applications in order of filing. If a prior application is granted a registration, the other application or applications must be rejected. A rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark in accordance with the provisions of 30-13-318.   History: En. Sec. 4, Ch. 257, L. 2003.
MT Code § 30-13-311 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-311. Application for registration

  30-13-311. Application for registration. (1) Subject to the limitations set forth in this part, a person who uses a mark 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 information including but not limited to the following:   (a) the name and business address of the person applying for registration and:   (i) if a corporation, the state of incorporation;   (ii) if a limited liability company, the state of organization;   (iii) if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state;   (b) the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with the goods or services and the class in which the goods or services fall;   (c) the date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in business; and   (d) a statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered the mark, either federally or in this state, or has the right to use the mark either in the identical form or in a form that so nearly resembles the mark as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to deceive.   (2) The secretary of state may require a statement as to whether an application to register the mark or portions or a composite of the mark has been filed by the applicant or a predecessor in interest in the United States patent and trademark office. If an application has been filed, the applicant shall provide complete information with respect to that filing, including the filing date and serial number of each application, the status of each application, and if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for nonregistration.   (3) The secretary of state may require that a drawing of the mark, complying with requirements that the secretary of state may specify, accompany the application.   (4) The application must be signed and verified by the applicant or a member of the firm or limited liability company or an officer of the corporation or association applying.   (5) The application must be accompanied by three specimens showing the mark as actually used.   (6) The application for registration must be accompanied by a filing fee as provided for in 30-13-320.   History: En. Sec. 4, Ch. 429, L. 1979; amd. Sec. 6, Ch. 131, L. 1983; amd. Sec. 6, Ch. 174, L. 1983; amd. Sec. 4, Ch. 119, L. 1985; amd. Sec. 82, Ch. 120, L. 1993; amd. Sec. 3, Ch. 257, L. 2003.
MT Code § 30-13-312 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-312. Certificate of registration

  30-13-312. Certificate of registration. (1) Upon compliance by the applicant with the requirements of this part, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration must be issued under the signature of the secretary of state and the seal of the state. The certificate must show:   (a) the name and business address of the person claiming ownership of the mark and, if a corporation, the state of incorporation or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state;   (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;   (c) the class of goods or services and a description of the goods or services on or in connection with which the mark is used;   (d) a reproduction of the mark; and   (e) the registration date and the term of the registration.   (2) Any certificate of registration issued by the secretary of state under the provisions of this section or a copy of the certificate duly certified by the secretary of state is admissible in evidence as competent and sufficient proof of the registration of the mark in any judicial proceeding in any court of this state.   History: En. Sec. 5, Ch. 429, L. 1979; amd. Sec. 7, Ch. 131, L. 1983; amd. Sec. 5, Ch. 257, L. 2003.
MT Code § 30-13-313 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-313. Duration and renewal

  30-13-313. Duration and renewal. (1) Registration of a mark under this part is effective for a term of 5 years from the date of registration, and upon application filed within 6 months prior to the expiration of that term, in a manner complying with the requirements of the secretary of state, the registration may be renewed for another 5 years.   (2) The application for renewal of mark registration must be accompanied by a filing fee as provided for in 30-13-320.   (3) A registration may be renewed for successive periods of 5 years as provided in subsection (1).   (4) Any registration in force on July 1, 2003, continues in full force and effect for the unexpired term of the registration and may be renewed by filing an application for renewal with the secretary of state complying with the requirements of the secretary of state and paying the renewal fee within 6 months prior to the expiration of the registration.   (5) All applications for renewal under this part must include a verified statement that the mark has been and is still in use, a specimen showing actual use of the mark on or in connection with the goods or services, and the following information:   (a) the original identification number assigned by the secretary of state;   (b) the name subscribed for the mark;   (c) the name and business mailing address of the person claiming ownership of the mark;   (d) if a corporation, the state of incorporation or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state; and   (e) the class of goods or services and a description of the goods or services on or in connection with which the mark is used.   History: En. Sec. 6, Ch. 429, L. 1979; amd. Sec. 7, Ch. 174, L. 1983; amd. Sec. 5, Ch. 119, L. 1985; amd. Sec. 6, Ch. 257, L. 2003; amd. Sec. 6, Ch. 26, L. 2011.
MT Code § 30-13-314 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-314. Repealed

  30-13-314. Repealed. Sec. 16, Ch. 257, L. 2003.   History: En. Sec. 7, Ch. 429, L. 1979; amd. Sec. 8, Ch. 131, L. 1983.
MT Code § 30-13-315 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-315. Assignment -- change of name -- other instruments

  30-13-315. Assignment -- change of name -- other instruments. (1) Any mark and its registration under this part may be assigned in conjunction with the good will of the business in which the mark is used or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must be by written, duly executed instruments and may be recorded with the secretary of state upon the payment of the recording fee payable to the secretary of state. Upon recording the assignment, the secretary of state shall issue a new certificate in the name of the assignee for the remainder of the term of the current registration. An assignment of any registration under this part is void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within 3 months after the date of the assignment or prior to the subsequent purchase.   (2) Any applicant or registrant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the applicant or registrant with the secretary of state upon the payment of the recording fee. The secretary of state may issue in the name of the assignee a certificate of registration of an assigned application. The secretary of state may issue, in the name of the assignee, a new certificate of registration for the remainder of the term of the registration or last renewal of the registration.   (3) Other instruments that relate to a mark registered or an application pending pursuant to this part, such as licenses, security interests, or mortgages, may be recorded at the discretion of the secretary of state if the instrument is in writing and is duly executed.   (4) An acknowledgment is prima facie evidence of the execution of an assignment or other instrument, and when recorded by the secretary of state, the record is prima facie evidence of execution.   (5) A photocopy of any instrument referred to in subsections (1) through (3) must be accepted for recording if it is certified by any of the parties to the instrument or their successors to be a true and correct copy of the original.   History: En. Sec. 8, Ch. 429, L. 1979; amd. Sec. 9, Ch. 131, L. 1983; amd. Sec. 6, Ch. 119, L. 1985; amd. Sec. 7, Ch. 257, L. 2003.
MT Code § 30-13-316 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-316. Repealed

  30-13-316. Repealed. Sec. 16, Ch. 257, L. 2003.   History: En. Sec. 9, Ch. 429, L. 1979; amd. Sec. 10, Ch. 131, L. 1983.
MT Code § 30-13-317 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-317. Records

  30-13-317. Records. The secretary of state shall keep for public examination a record of all marks registered or renewed under this part as well as a record of all documents recorded pursuant to 30-13-315.   History: En. Sec. 10, Ch. 429, L. 1979; amd. Sec. 8, Ch. 257, L. 2003.
MT Code § 30-13-318 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-318. Cancellation

  30-13-318. Cancellation. The secretary of state shall cancel from the register, in whole or in part:   (1) any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record;   (2) each registration granted under this part and not renewed in accordance with the provisions of this part;   (3) any registration concerning which a court of competent jurisdiction finds that:   (a) the registered mark has been abandoned;   (b) the registrant is not the owner of the mark;   (c) the registration was granted improperly;   (d) the registration was obtained fraudulently;   (e) the mark is or has become the generic name for the goods or services or a portion of the goods or services for which it has been registered;   (f) the registered mark is so similar to a mark currently registered by another person in the United States patent and trademark office prior to the filing date of the application for registration under this part as to be likely to cause confusion or mistake or to deceive. However, if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States patent and trademark office covering an area including this state, the registration under this part may not be canceled.   (4) a registration that is ordered to be canceled by a court of competent jurisdiction on any grounds.   History: En. Sec. 11, Ch. 429, L. 1979; amd. Sec. 8, Ch. 174, L. 1983; amd. Sec. 9, Ch. 257, L. 2003.
MT Code § 30-13-319 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-319. Repealed

  30-13-319. Repealed. Sec. 16, Ch. 257, L. 2003.   History: En. Sec. 5, Ch. 174, L. 1983.
MT Code § 30-13-320 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-320. Secretary of state to establish and collect fees

  30-13-320. Secretary of state to establish and collect fees. The secretary of state shall provide for collection of fees and miscellaneous charges, set and deposited in accordance with 2-15-405, for filing documents and issuing certificates as required by this part.   History: En. Sec. 1, Ch. 119, L. 1985; amd. Sec. 16, Ch. 396, L. 2001.
MT Code § 30-13-321 (2021)
2021 Montana Code Annotated|Title 30. Trade and Commerce|Chapter 13. Assumed Business Names, Trademarks, and Related Rights|Part 3. Trademarks|30-13-321. through 30-13-330 reserved

  30-13-321 through 30-13-330 reserved.