reglab/housing_qa huggingface dataset:
MN Stat § 333.14 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.14 — Unauthorized Use Is A Crime.

333.14 UNAUTHORIZED USE IS A CRIME. Any person, firm, copartnership, association, society, or corporation, except as authorized by Minneapolis Aquatennial Association, who shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or use in any manner the name and mark "Aquatennial" of the Minneapolis Aquatennial Association or any other name or mark so nearly resembling the name and mark "Aquatennial" as to be calculated to deceive the public with respect to the corporation, or who, except as authorized by the corporation, shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or use in any manner any other name, mark, emblem, insignia or badge, designation, or distinguishing descriptive word or phrase used by the Minneapolis Aquatennial Association in carrying out its purpose or any name, mark, emblem, insignia or badge, designation, or distinguishing descriptive word or phrase confusingly similar thereto, calculated to deceive the public with respect to the corporation, or who, except as authorized by the corporation, shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or use the corporate name of the corporation, or a name so nearly resembling it as to be calculated to deceive the public with respect to the corporation, shall be guilty of a misdemeanor. History:   1941 c 202 s 1
MN Stat § 333.15 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.15 — Threatened Use May Be Restrained.

333.15 THREATENED USE MAY BE RESTRAINED. When there shall be an actual or threatened violation of section 333.14, an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, for an injunction to enjoin and restrain the actual or threatened violation; and if it shall appear to the satisfaction of the court or justice that the defendant is in fact so using or threatening to use the name and mark "AQUATENNIAL" or any other name or mark confusingly similar thereto, or any other name, mark, emblem, insignia, or badge, designation, or distinguishing descriptive word or phrase used by the corporation in carrying out its purposes or confusingly similar to any such other name, mark, emblem, insignia or badge, designation, or distinguishing descriptive word or phrase used by the corporation in carrying out its purposes, or the corporate name of the corporation or a confusingly similar name, an injunction may be issued by the court or justice enjoining and restraining such actual or threatened violation without requiring proof that any person has in fact been misled or deceived thereby. History:   1941 c 202 s 2
MN Stat § 333.16 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.16 — Vested Rights Not Affected.

333.16 VESTED RIGHTS NOT AFFECTED. The provisions of sections 333.14 and 333.15 shall not be deemed or construed to divest, interfere, affect, or conflict with any established or vested right or prohibit the use thereof. History:   1941 c 202 s 3
MN Stat § 333.20 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.20 — Application.

333.20 APPLICATION. Subdivision 1. Authorization and contents. Subject to the limitations set forth in sections 333.18 to 333.31, any person who adopts and uses a trademark or a service mark in this state may file in the Office of the Secretary of State an application for registration of that mark setting forth the following information: (1) the name and business address of the person applying for such registration; and, if a business entity, the state of registration; (2) the 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 the goods or services and the class in which the goods or services fall; (3) a description of the mark; (4) the date when the mark was first used in this state by the applicant or a predecessor in interest; and (5) the applicant's statement of belief that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor and the mark is in use. Subd. 2. Signing and verification. The application shall be signed as provided in section 645.44, subdivision 14, and verified by the individual applicant or, for business entity applicants, by a person with authority to sign on behalf of the business entity. Subd. 3. Specimen or facsimile of mark. The application shall be accompanied by a single specimen or facsimile of such mark. Subd. 4. Filing fee. The application for registration shall be accompanied by a filing fee of $50, payable to the secretary of state. History:  1959 c 600 s 3; 1969 c 1148 s 63; 1983 c 301 s 191; 1986 c 444; 1988 c 682 s 47; 1989 c 335 art 1 s 211; 1992 c 517 art 1 s 34; 1993 c 48 s 8; 1993 c 369 s 116; 1998 c 315 s 3,4; 2010 c 250 art 2 s 29
MN Stat § 333.21 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.21 — Certificate Of Registration.

333.21 CERTIFICATE OF REGISTRATION. Subdivision 1. Issuance. Upon a finding by the secretary of state that the mark and application for registration comply with the requirements of sections 333.18 to 333.31, and that the class indicated, if any, in which the mark is to be registered is not clearly incorrect, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and shall show the registrant's name, the date claimed for the first use of the mark in this state, the class of goods or services, and the registration date. Subd. 2. Evidentiary effect. Any certificate of registration issued by the secretary of state or a copy duly certified by the secretary of state shall be 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 shall be prima facie evidence of registrant's ownership and exclusive right to use the mark on or in connection with the goods or services described in the certificate. History:  1959 c 600 s 4; 1984 c 618 s 45; 1986 c 444; 1992 c 517 art 1 s 35; 1995 c 128 art 3 s 24; 1998 c 315 s 5
MN Stat § 333.22 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.22 — Term Of Registration.

333.22 TERM OF REGISTRATION. Subdivision 1. Application and renewal. Registration of a mark hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term or a renewal thereof, the registration may be renewed for additional ten-year terms provided that the mark is in use by the applicant at the time of the application for renewal and that there are no intervening rights. A renewal fee of $25 payable to the secretary of state shall accompany the application for renewal of the registration. Subd. 2. Renewal notice. The secretary of state shall notify each registrant of a mark hereunder of the necessity of renewal thereof approximately six months prior to the registration's expiration date. Subd. 3. Existing registrations; terms. Any registration in force on the date on which Laws 1959, chapter 600 shall become effective, shall expire two years after and may be renewed by filing an application with the secretary of state and paying the aforementioned renewal fee therefor within six months prior to the expiration of the registration provided the mark is in use at the time of application for renewal and there are no intervening rights. Subd. 4. Existing registrations; expiration notice. The secretary of state shall, within six months after the date on which Laws 1959, chapter 600, shall become effective notify all registrants of trademarks under previous acts of the date of expiration of such registrations, unless renewed in accordance with the provisions of sections 333.18 to 333.31, by writing to the last known address of the registrants. History:  1959 c 600 s 5; 1969 c 1148 s 64; 1986 c 444; 1988 c 682 s 48; 1989 c 335 art 1 s 212; 1993 c 369 s 117; 2010 c 250 art 2 s 30,31; 2013 c 110 s 9
MN Stat § 333.23 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.23 — Conveyances Of Marks; Recordation, Fee, Necessity.

333.23 CONVEYANCES OF MARKS; RECORDATION, FEE, NECESSITY. The secretary of state shall record written conveyances of any mark along with that part of the goodwill of the business in connection with which the mark is used, and of the corresponding application or registration which is presented for recording along with a payment of a fee of $15 and shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal. An assignment of any registration under sections 333.18 to 333.31 shall be void as against any subsequent purchaser for valuable consideration without notice unless it is filed with the secretary of state within three months after the date of the assignment or before the subsequent purchase. History:  1959 c 600 s 6; 1969 c 1148 s 65; 1986 c 444; 1988 c 682 s 49; 1989 c 335 art 1 s 213; 1998 c 315 s 6
MN Stat § 333.24 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.24 — Secretary Of State's Record Of Marks.

333.24 SECRETARY OF STATE'S RECORD OF MARKS. The secretary of state shall keep for public examination a record of all marks filed or renewed under sections 333.18 to 333.31 according to the classification set forth in sections 333.18 to 333.31. The record of registration is constructive notice of registrant's claim of ownership of the mark registered. History:  1959 c 600 s 7; 1998 c 315 s 7
MN Stat § 333.25 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.25 — Cancellation Of Marks.

333.25 CANCELLATION OF MARKS. Subdivision 1. Secretary of state's authority. The secretary of state shall cancel from the register: (1) after two years from the effective date of Laws 1959, chapter 600, all registrations under prior acts which are not renewed according to sections 333.18 to 333.31; (2) any registration concerning which the secretary of state shall receive a voluntary request for cancellation from the registrant; (3) all registrations filed under sections 333.18 to 333.31 and not renewed according to its provisions; (4) in compliance with an order of a district court, any registration concerning which the court shall find that: (i) the registered mark has been abandoned; (ii) the registrant is not the owner of the mark; (iii) the registration was filed improperly; (iv) the registration was obtained fraudulently; (v) 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; or (vi) the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person previously in this state or in the United States Patent and Trademark Office, before the date of the filing of the application for registration by the registrant under sections 333.18 to 333.31, and not abandoned; provided, however, that should the registrant prove that the registrant is the prior user of the mark or the owner of a concurrent registration of the mark in the United States Patent and Trademark Office covering an area including this state, the registration shall not be canceled; or (5) a registration when a district court shall order cancellation of the registration on any ground. Subd. 2. Exception. No registration shall be canceled after the mark has had substantially exclusive and continuous use by the registrant for five years following the registration of the mark except for the reasons set forth in subdivision 1, clauses (1), (2), and (3) and clause (4), items (i), (ii), and (iv), or unless a mark has been registered in this state before use of registrant's mark or a mark has been registered in the United States Patent and Trademark Office with the publication date of it before the date of use of registrant's mark, which marks when used on or in connection with the goods or services of the respective registrants would be likely to cause confusion, mistake, or deception, or unless the mark is the common descriptive name of any article, substance, or service. History:  1959 c 600 s 8; 1986 c 444; 1998 c 315 s 8
MN Stat § 333.26 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.26 — Must Use U.s. Patent And Trademark Office System.

333.26 MUST USE U.S. PATENT AND TRADEMARK OFFICE SYSTEM. For convenience of administration of sections 333.18 to 333.31, but not to limit or extend the applicant's or registrant's rights, the secretary of state shall adopt the classification system in effect in the United States Patent and Trademark Office, and shall revise this classification system to conform with the United States Patent and Trademark Office system as and if changes are made in that system. A single application for registration of a mark may include any or all goods or services with which the mark is actually being used comprised in a single class, but in no event shall a single application include goods or service with which the mark is being used which fall within different classes. History:  1959 c 600 s 9; 1998 c 315 s 9
MN Stat § 333.27 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.27 — Improper Registration; Liability.

333.27 IMPROPER REGISTRATION; LIABILITY. Persons who shall for themselves, or on behalf of any other person, procure the filing or registration of any mark in the Office of the Secretary of State under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any district court. History:  1959 c 600 s 10; 1986 c 444
MN Stat § 333.28 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.28 — Identical Or Similar Marks; Liability For Misuse.

333.28 IDENTICAL OR SIMILAR MARKS; LIABILITY FOR MISUSE. Subject to the provisions of section 333.30 any person who shall (a) use without the consent of the registrant any mark on or in connection with rendering of services, selling, offering for sale, or advertising of any goods or services, which mark is identical to or so similar to the registered mark as to be likely to cause confusion or mistake on the part of a purchaser of the goods or services or to deceive such a purchaser as to the source or origin of the goods or services; or (b) reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution of such goods or the sale or rendering of services: shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in section 333.29, except that under subsection (b) hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive. History:   1959 c 600 s 11
MN Stat § 333.285 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.285 — Dilution Of Distinctive Famous Mark May Be Enjoined.

333.285 DILUTION OF DISTINCTIVE FAMOUS MARK MAY BE ENJOINED. (a) The owner of a mark that is famous in this state may, subject to the principles of equity and upon terms the court considers reasonable: seek an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become famous and causes dilution of the distinctive quality of the mark; and obtain other relief as provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to: (1) the degree of inherent or acquired distinctiveness of the mark in this state; (2) the duration and extent of use of the mark in connection with the goods and services with which the mark is used; (3) the duration and extent of advertising and publicity of the mark in this state; (4) the geographical extent of the trading area in which the mark is used; (5) the channels of trade for the goods or services with which the mark is used; (6) the degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought; (7) the nature and extent of use of the same or similar mark by third parties; and (8) whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register. (b) In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If willful intent is proven, the owner is entitled to the remedies in this chapter, subject to the discretion of the court and the principles of equity. (c) The following are not actionable under this section: (1) fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark; (2) noncommercial use of the mark; and (3) all forms of news reporting and news commentary. History:   1998 c 315 s 10
MN Stat § 333.29 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.29 — Remedies.

333.29 REMEDIES. Subdivision 1. Injunctive relief; money judgment. An owner of a mark registered under sections 333.18 to 333.31 may bring an action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and a court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as the court considers just and reasonable. The court may require the defendants to pay to the owner either or both of the following: (1) all profits derived from the wrongful manufacture, use, display, or sale; or (2) all damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may also order that counterfeits or imitations in the possession or under the control of a defendant be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the profits and damages and reasonable attorneys' fees of the prevailing party if the court finds the other party committed the wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. Subd. 2. Other penal law. The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state. History:  1959 c 600 s 12; 1998 c 315 s 11
MN Stat § 333.30 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.30 — Marks Acquired At Common Law.

333.30 MARKS ACQUIRED AT COMMON LAW. Nothing herein shall adversely affect a person's rights or the enforcement of the rights in a mark acquired in good faith at any time at common law, except that the rights as against the registrant of the same or confusingly similar mark are limited to the areas of the person's use established prior to the registration date and areas in which the person's mark has become known prior to the registration date. History:  1959 c 600 s 13; 1986 c 444
MN Stat § 333.305 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.305 — Forum Is District Court; Service On Nonresident Registrant.

333.305 FORUM IS DISTRICT COURT; SERVICE ON NONRESIDENT REGISTRANT. (a) Actions to require cancellation of a mark registered according to sections 333.18 to 333.31 or in mandamus to compel registration of a mark according to sections 333.18 to 333.31 shall be brought in the district court. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action. (b) In an action brought against a nonresident registrant, service may be effected upon the secretary of state as agent for service of the registrant according to the procedures established for service upon nonresident corporations and business entities under section 5.25. History:   1998 c 315 s 12
MN Stat § 333.31 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.31 — Service Of Process Upon Nonresident Registrants.

333.31 SERVICE OF PROCESS UPON NONRESIDENT REGISTRANTS. Service in duplicate of any paper relating to a nonresident's registration under sections 333.18 to 333.31, on the secretary of state, shall constitute service on said nonresident registrant. The secretary of state shall forward one copy of such paper to said registrant at the registrant's last known address. History:  1959 c 600 s 16; 1986 c 444
MN Stat § 333.40 (2021)
2021 Minnesota Statutes|Chapters 324 - 341 — Trade Regulations, Consumer Protection|Chapter 333 — Assumed Names, Insignia, And Marks|Section 333.40 — Trademark; When Deemed Affixed.

333.40 TRADEMARK; WHEN DEEMED AFFIXED. A trademark shall be deemed to be affixed to any goods, wares, merchandise, mixture, preparation, or compound, when it is in any manner placed in or upon either the article itself, or a box, bale, barrel, bottle, case, cask, or other vessel or package, or a cover, wrapper, stopper, brand, label, or other thing in, by, or with which the goods are packed, enclosed, or otherwise prepared for sale or disposition. History:  (10345) RL s 5071