reglab/housing_qa huggingface dataset:
HI Rev Stat § 482-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-3 Record, issuance and effect of certificate.

  §482-3 Record, issuance and effect of certificate.  (a) Upon receiving the application accompanied by the fee, the director shall cause the trade name to be recorded and shall issue a certificate of registration to the applicant; provided that the director shall not register any trade name that is substantially identical with any registered trade name, the name of any entity registered or authorized to transact business in accordance with the laws of the State, or any mark registered in the State, except as ordered by the director in accordance to section 482-8.5 or unless the registered owner of the registered trade name, entity name, or mark consents in writing. The certificate of registration shall be constructive notice to all persons of the applicant's claim of the use of the trade name throughout the State, for the term of five years from the date thereof; provided that the trade name is continued in actual use by the applicant in this State. The acceptance of an application and issuance of a certificate of registration by the director shall not abrogate or limit any common law or other right of any person claiming to be the legal owner of a trade name.  (b) The registration of a trade name may be renewed at any time during the period of its registration for additional five year periods by filing a renewal application within six months prior to the expiration of the current term and complying with the renewal requirements prescribed by the director. Upon filing the application for renewal, the applicant shall pay the director a fee of $50.  (c) The director may make, amend, and repeal such rules as may be necessary to carry out the purposes of this section. [L 1888, c 4, §4; RL 1925, §3576; am L 1925, c 174, pt of §1; am L Sp 1933, c 29, §1; RL 1935, §7452; RL 1945, §9287; RL 1955, §204-3; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; am L 1965, c 109, §1; HRS §482-3; am L 1980, c 26, §4; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 118, §7; am L 1987, c 22, §4; am L 1988, c 141, §54; am L 1992, c 6, §8; am L 1996, c 181, §7; am L 2001, c 15, §5; am L 2002, c 40, § §76, 78; am L 2003, c 124, §84 and c 210, §12; am L 2004, c 121, §50; am L 2008, c 108, §8]
HI Rev Stat § 482-3.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-3.5 REPEALED.

  §482-3.5 REPEALED. L 2008, c 108, §14.
HI Rev Stat § 482-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-4 Certain trade names not to be adopted or used.

 §482-4 Certain trade names not to be adopted or used. (a) It shall be unlawful for any person to adopt or use a trade name or entity name that infringes on any person's ownership rights to any registered trade name, mark, or the name of any entity registered or authorized to transact business in accordance with the laws of this State, or a name the exclusive right to which is, at the time, reserved in this State. In addition to the revocation of a trade name registration or administrative order of abatement provisions in sections 482-8 and 482-8.5, respectively, any person whose ownership rights to a trade name, mark, or entity name are infringed upon by the adoption or use of a confusingly similar trade name or entity name may seek injunctive relief in a court of competent jurisdiction or the imposition of a fine that shall not exceed $2,000, or both.  (b) When a bona fide labor union, or association of employees has adopted a device in the form of a label, brand, mark, name, or other character for the purpose of designating the products of the members of the union or association and the device has been registered pursuant to sections 482-2 and 482-3, then it shall be unlawful for any person to adopt, print, distribute, or otherwise use the device or one so similar as to be confused therewith. Any person, except the director, found to be in violation of this subsection may, in addition to any other penalty assessed or otherwise imposed by law, be required to pay all costs and attorney's fees incurred in seeking enforcement of this subsection, and may be ordered by the court to pay damages to the bona fide labor union or association of employees involved in such amount as may be determined by the court; provided that the damages ordered shall not be less than $250 nor more than $5,000. [L 1925, c 174, pt of §1; am L 1931, c 18, §1; RL 1935, §7453; RL 1945, §9288; am L 1951, c 135, §1; RL 1955, §204-4; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-4; am L 1971, c 164, §1; am L 1979, c 102, §1; am L 1980, c 26, §5; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 167, §16; am L 1984, c 118, §8; am L 1985, c 270, §4; am L 1996, c 92, §17; am L 1999, c 249, §34; am L 2000, c 219, §83; am L 2001, c 15, §6; am L 2003, c 124, §85; am L 2008, c 108, §9] Case Notes  No likelihood of confusion found. 5 H. App. 194, 683 P.2d 1220.
HI Rev Stat § 482-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-5 REPEALED.

  §482-5 REPEALED. L 2008, c 108, §15. Note  L 2008, c 19, §43 purports to amend this section.
HI Rev Stat § 482-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-6 Revocation of certificate; nonuse.

 §482-6 Revocation of certificate; nonuse. (a) If any trade name is not used by the registrant in accordance with the declaration in this State for a period of three hundred sixty-five consecutive days, the certificate of registration shall be subject to revocation.  (b) Any person desiring such revocation shall file a verified petition in the office of the director, setting forth facts indicating such nonuse for a period of three hundred sixty-five consecutive days immediately preceding the date of the filing of the petition. The petitioner, at the petitioner's expense, shall notify the registrant of the hearing in the manner prescribed by the director and section 91-9.5, and the registrant shall be given the opportunity of a full hearing in accordance with chapter 91.  (c) After granting an opportunity for hearing to the petitioner and the registrant, the director shall grant or deny the petition for revocation, as the facts shall warrant. [L Sp 1933, c 29, pt of §2; RL 1935, §7455; RL 1945, §9290; am L 1947, c 163, pt of §1; RL 1955, §204-6; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-6; am L 1980, c 26, §7; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 2001, c 15, §8; am L 2003, c 124, §87] Case Notes  Nonuse of trade name. 399 F. Supp. 604.   Trademark lost by abandonment. 10 H. 162.
HI Rev Stat § 482-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-7 Application of law; reissue on nonuser.

 §482-7 Application of law; reissue on nonuser. (a) Sections 482-1 to 482-9 are applicable to all registrations filed in the office of the director; the intent being that all trade names not used by the applicant in this State may be immediately reissued to such applicant who is actually using the same.  (b) The fact that a trade name has not been used in this State for a period of one year shall be prima facie proof of the fact that the same has not been used elsewhere for such period. [L Sp 1933, c 29, pt of §2; RL 1935, §7456; RL 1945, §9291; RL 1955, §204-7; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-7; am L 1980, c 26, §8; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2001, c 15, §9; am L 2003, c 124, §88; am L 2004, c 121, §51]
HI Rev Stat § 482-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-9 Appeal.

   §482-9 Appeal. Any person aggrieved by any action of the director under this chapter in issuing or revoking a certificate of registration of a trade name or in denying an application, within thirty days after the action by the director, or if no order has been entered either granting or denying the application within four months after the filing of the application, may commence proceedings to obtain judicial review thereof by the circuit court of the first circuit by filing in the court a notice of appeal. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be had and taken in the same manner as is provided for a review of a judgment of a circuit court. [L 1941, c 75, §1(7456-B); RL 1945, §9293; RL 1955, §204-9; am L 1965, c 96, §132; HRS §482-9; am L 1980, c 26, §10; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2001, c 15, §11; am L 2003, c 124, §91; am L 2004, c 202, §51; am L 2006, c 94, §1; am L 2010, c 109, §1] Rules of Court  Appeal to circuit court, see HRCP rule 72; appeals, see Hawaii Rules of Appellate Procedure.
HI Rev Stat § 482-21 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-21 Registrability.

Note Part III designated by L 2008, c 108, §4.  §482-21 Registrability. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:  (1) Consists of or comprises immoral, deceptive, or scandalous matter;  (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute;  (3) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof;  (4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent;  (5) Consists of a mark that:  (A) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;  (B) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or  (C) Is primarily a surname;   provided that nothing in this paragraph shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The director 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 thereof as a mark by the applicant in this State for the five years before the date on which the claim of distinctiveness is made;  (6) Consists of a mark which so resembles a mark registered in this State or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive; or  (7) Consists of a mark that is substantially identical with any registered trade name or the name of any entity registered or authorized to transact business in accordance with the laws of this State. [L 2001, c 15, pt of §1; am L 2003, c 124, §92; am L 2008, c 108, §12]
HI Rev Stat § 482-22 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-22 Application for registration.

 §482-22 Application for registration. (a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the director, in a manner complying with the requirements of the director, an application for registration of that mark setting forth at least the following information:  (1) The name and business address of the person or entity applying for such registration and the state of organization or incorporation, or if a partnership, the state in which the partnership is formed;  (2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with such goods or services, and the class in which such goods or services fall;  (3) 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 interest; and  (4) A statement that the applicant is the owner of the mark, the mark is in use, and to the knowledge of the person verifying the application, no other person has registered, either federally or in this State, or has the right to use, the mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to deceive.  (b) The director may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall fully disclose the filing date and serial number of each application, the status of the application, and if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.  (c) The director may also require that a drawing of the mark accompany the application and comply with requirements the director may specify in rules.  (d) The application shall be signed and verified by the applicant, a member of the firm, or an officer of the corporation or association applying. The application shall be accompanied by one specimen per class of goods or services showing the mark as actually used on or in connection with such goods or services and the application fee payable to the director. [L 2001, c 15, pt of §1; am L 2003, c 124, §93]
HI Rev Stat § 482-23 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-23 Filing of applications; appeal.

 §482-23 Filing of applications; appeal. (a) Upon the filing of an application for registration and payment of the application fee, the director shall cause the application to be examined for conformity with this part.  (b) The applicant shall provide any additional pertinent information requested by the director including a description of a design mark and may make, or authorize the director to make, such amendments to the application as may be reasonably requested by the director or deemed by the applicant to be advisable to respond to any rejection or objection.  (c) The director 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. No disclaimer shall prejudice or affect the applicant's or registrant's rights in the disclaimed matter, or the applicant's or registrant's rights of registration in another application if the disclaimed matter is or will become distinctive of the applicant's or registrant's goods or services.  (d) If the application for registration of a mark is denied, the director shall notify the applicant of the denial and the reasons for the denial. An applicant may appeal the director's denial of an application for registration of a mark in accordance with section 91-13.1.  (e) Applications concurrently being processed by the director and seeking registration of the same or confusingly similar marks for the same or related goods or services shall be reviewed in the order that they are filed. If an earlier-filed application is granted registration, the other applications seeking registration of the same or confusingly similar marks for the same or related goods or services shall be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with section 482-28. [L 2001, c 15, pt of §1; am L 2003, c 124, §94]
HI Rev Stat § 482-24 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-24 Certificate of registration.

 §482-24 Certificate of registration. (a) Upon compliance by the applicant with the requirements of this part, the director shall issue a certificate of registration to the applicant.  (b) The original or a copy certified by the director of a certificate of registration issued under this part shall be admissible in evidence as sufficient proof of the registration of a mark in any action or judicial proceeding in any court of this State. [L 2001, c 15, pt of §1; am L 2003, c 124, §95]
HI Rev Stat § 482-25 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-25 Duration and renewal.

 §482-25 Duration and renewal. (a) The registration of a mark shall be effective for a term of five years from the date of registration. A renewal fee, payable to the director, shall accompany the application for renewal of the registration.  (b) A registration may be renewed for successive periods of five years by filing a renewal application within six months prior to the expiration of the current term, complying with the renewal requirements prescribed by this chapter, and paying the appropriate renewal fee.  (c) Any registration in effect on July 1, 2003, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the director in accordance with this section.  (d) All applications for renewal under this part shall include a verified statement that the mark has been and is still in use, and include a specimen showing actual use of the mark on or in connection with the goods or services for each class of goods and services. [L 2001, c 15, pt of §1; am L 2003, c 124, §96] Revision Note  In subsection (c), "July 1, 2003," substituted for "the date on which this part becomes effective".
HI Rev Stat § 482-26 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-26 Assignment; change of name.

 §482-26 Assignment; change of name. (a) The registration of a mark shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. An assignment shall be executed in writing and may be recorded by filing an application with the director and paying an appropriate recording fee. Upon recording of the assignment, the director shall issue a new certificate for the remainder of the term of the registration or of the last renewal thereof in the name of the new assignee. An assignment of a registration of a mark under this section shall be void against a subsequent purchaser for valuable consideration without notice, unless the assignment is recorded with the director within three months after the date thereof or prior to the subsequent purchase.  (b) Any registrant may change the name of the person to whom the mark is issued by filing an application to change the name of the registrant with the director and paying the appropriate fee. The director shall issue a new certificate of registration in the name of the registrant. [L 2001, c 15, pt of §1]
HI Rev Stat § 482-27 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-27 Records.

 §482-27 Records. The director shall maintain a record of all marks registered or renewed under this part, including a record of all marks recorded pursuant to section 482-26. [L 2001, c 15, pt of §1]
HI Rev Stat § 482-28 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-28 Cancellation.

 §482-28 Cancellation. The director shall cancel the registration of a mark if the director receives a request for cancellation from the registrant or assignee of record or when a court of competent jurisdiction orders cancellation of a registration. [L 2001, c 15, pt of §1; am L 2003, c 124, §97]
HI Rev Stat § 482-28.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-28.5 Revocation of a mark.

 §482-28.5 Revocation of a mark.  (a) Any person claiming to be the owner of a trademark or service mark for which a certificate of registration has been issued to another person pursuant to this part may file a verified petition in the office of the director for the revocation of the registration of the mark on the basis that:  (1) The registered mark has been abandoned;  (2) The registered mark has not been used by the registrant in accordance with the declaration either in this State or elsewhere in the United States for a period of three hundred sixty-five consecutive days and has not been registered in the name of the registrant in the United States Patent and Trademark Office;  (3) The registration was granted improperly;  (4) The registration was obtained fraudulently;  (5) The registered mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or  (6) 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 in the United States Patent and Trademark Office prior to the date of filing the application for registration under this part; provided that if a registrant proves that the registrant is the owner of a concurrent registration of a mark registered in the United States Patent and Trademark Office that covers an area including this State, the registration shall not be revoked for such an area. The petition shall set forth facts in support of the petitioner's ownership of the mark and the claim for revocation.  (b) The petitioner, at the petitioner's expense, shall notify the registrant of the hearing in the manner prescribed by the director and section 91-9.5, and the registrant shall be given the opportunity of a full hearing in accordance with chapter 91.  (c) After granting an opportunity for hearing to the petitioner and the registrant, the director shall grant or deny the petition for revocation, as the facts shall warrant. [L 2003, c 124, §4]
HI Rev Stat § 482-29 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-29 Classification.

 §482-29 Classification. The director to the extent practical shall establish a classification of goods and services corresponding to the classification adopted by the United States Patent and Trademark Office for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark shall be submitted for each appropriate class and such goods upon which or each service with which the mark is actually being used, together with the application fee. [L 2001, c 15, pt of §1; am L 2003, c 124, §98]
HI Rev Stat § 482-30 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|482. Trademarks, Service Marks, and Trade Names, Registration and Protection of|482-30 REPEALED.

 §482-30 REPEALED. L 2008, c 108, §16.