reglab/housing_qa huggingface dataset:
NE Code § 87-137 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-137 - Classification of goods and services; rules and regulations.

87-137.  Classification of goods and services; rules and regulations.The secretary shall adopt and promulgate rules and regulations which establish a classification of goods and services for convenience of administration of the Trademark Registration Act, but such rules and regulations shall not limit or extend the applicant's or registrant's rights and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practicable, the classification of goods and services should conform to the classification adopted by the United States Patent and Trademark Office.Source Laws 2000, LB 626, § 12.
NE Code § 87-138 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-138 - Fraudulent representation; liability.

87-138.  Fraudulent representation; liability.Any person who for himself or herself, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the Trademark Registration Act by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, is liable for all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party in any court of competent jurisdiction.Source Laws 2000, LB 626, § 13.
NE Code § 87-139 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-139 - Unauthorized use; liability.

87-139.  Unauthorized use; liability.Subject to section 87-143, any person who (1) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under the Trademark Registration Act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services or (2) reproduces, counterfeits, copies, or colorably imitates any such mark and applies such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services, is liable in a civil action by the registrant for any and all of the remedies provided in section 87-141, except that under subdivision (2) of this section, the registrant is not entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.Source Laws 2000, LB 626, § 14.
NE Code § 87-140 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-140 - Famous mark; factors; remedies.

87-140.  Famous mark; factors; remedies.(1) The owner of a mark which is famous in this state is entitled, subject to the principles of equity and upon such terms as the court seems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to:(a) The degree of inherent or acquired distinctiveness of the mark in this state;(b) The duration and extent of use of the mark in connection with the goods and services with which the mark is used;(c) The duration and extent of advertising and publicity of the mark in this state;(d) The geographical extent of the trading area in which the mark is used;(e) The channels of trade for the goods or services with which the mark is used;(f) 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;(g) The nature and extent of use of the same or similar mark by third parties; and(h) 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 federal principal register.(2) 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 such willful intent is proven, the owner is also entitled to the remedies under the Trademark Registration Act, subject to the discretion of the court and the principles of equity.(3) The following are not actionable under this section:(a) 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;(b) Noncommercial use of the mark; or(c) All forms of news reporting and news commentary.Source Laws 2000, LB 626, § 15.
NE Code § 87-141 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-141 - Injunction; damages; attorney's fees.

87-141.  Injunction; damages; attorney's fees.Any owner of a mark registered under the Trademark Registration Act may enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as the court determines to be just and reasonable. A defendant may be required to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may also order that any such counterfeits or imitations in the possession or under the control of any 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 such profits and damages and reasonable attorney's fees of the prevailing party in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case. The enumeration of any right or remedy under the act does not affect a registrant's right to prosecute under any penal law of this state.Source Laws 2000, LB 626, § 16.
NE Code § 87-142 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-142 - Cancellation or registration of mark; action; procedure.

87-142.  Cancellation or registration of mark; action; procedure.(1) Actions to require cancellation of a mark registered pursuant to the Trademark Registration Act or in mandamus to compel registration of a mark pursuant to the act shall be brought in the district court of Lancaster County. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary 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.(2) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under section 25-509.01.Source Laws 2000, LB 626, § 17.
NE Code § 87-143 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-143 - Common law; construction of act.

87-143.  Common law; construction of act.Nothing in the Trademark Registration Act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.Source Laws 2000, LB 626, § 18.
NE Code § 87-144 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-144 - Fees; not refundable.

87-144.  Fees; not refundable.Unless specified by the secretary, the fees payable under the Trademark Registration Act are not refundable.Source Laws 2000, LB 626, § 19.
NE Code § 87-208 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-208 - Terms, defined.

87-208.  Terms, defined.As used in sections 87-208 to 87-219.01, unless the context otherwise requires:(1) Applicant means a person filing an application for registration of a trade name under such sections or his or her legal representatives, successors, or assigns;(2) Person means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, unincorporated association, or two or more of the foregoing having a joint or common interest or any other legal or commercial entity;(3) Registrant means a person to whom registration of a trade name under such sections is issued or his or her legal representatives, successors, or assigns; and(4) Trade name means every name under which any person does or transacts any business in this state other than the true name of such person.Source   Laws 1967, c. 628, § 1, p. 2099;   Laws 1971, LB 486, § 1;   Laws 1993, LB 121, § 556;   Laws 1997, LB 453, § 6;  Laws 2011, LB462, § 8. Annotations  "Denali Custom Builders" was a trade name of appellant Denali Custom Builders, Inc., because it was used on signs and advertising in transacting business but was not the true name of appellant. Denali Real Estate v. Denali Custom Builders, 302 Neb. 984, 926 N.W.2d 610 (2019). Under this and succeeding sections, right to use trade name and to prevent its use by another may be obtained by registration or adoption without recording it, but where parties had adequate remedy at law for damages and failed to show irreparable injury, neither was entitled in private antitrust action to injunction against use of certain name for buildings handled by them. Morton Buildings of Nebraska, Inc. v. Morton Buildings, Inc., 333 F.Supp. 187 (D. Neb. 1971).
NE Code § 87-209 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-209 - Trade name; not registered; when.

87-209.  Trade name; not registered; when.A trade name 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, bring into contempt or disrepute, or falsely suggest a connection with, persons living or dead, institutions, beliefs, or national symbols;(3) Consists of, comprises, or simulates the flag or coat of arms or other insignia of the United States, any state or municipality, or any foreign nation;(4) Consists of or comprises the name, signature, or portrait of any living individual without his or her consent;(5)(a) Is merely descriptive or misdescriptive, or is primarily geographically descriptive or geographically misdescriptive as applied to the business of the applicant, or (b) is primarily merely a surname, but nothing in this subdivision shall prevent the registration of a trade name which has become distinctive of the applicant's business in this state. The Secretary of State may accept as evidence that a trade name has become distinctive proof of continuous use by the applicant as a trade name in this state or elsewhere for five years preceding the date of the filing of the application for registration;(6) Consists of or comprises a trade name which so resembles a trade name registered under sections 87-208 to 87-219.01, registered in this state, or the name of a business entity on file or registered with the Secretary of State pursuant to Nebraska law as to be likely to cause confusion, mistake, or deception of purchasers, except that a name, although similar, may be used if the business entity affected consents in writing and such writing is filed with the Secretary of State. The word incorporated, inc., or corporation shall not be a part of the trade name being registered unless the firm is duly incorporated in the State of Nebraska or some other state; or(7) Consists of the word geologist or any modification or derivative of such word, and the applicant does not meet the requirements of subsection (6) of section 81-3528.Source   Laws 1967, c. 628, § 2, p. 2100;   Laws 1969, c. 856, § 2, p. 3225;   Laws 1971, LB 486, § 2;   Laws 1997, LB 44, § 12;   Laws 1997, LB 453, § 7;   Laws 1998, LB 1161, § 91;  Laws 2011, LB462, § 9.
NE Code § 87-210 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-210 - Trade name; application for registration; requirements; Secretary of State.

87-210.  Trade name; application for registration; requirements; Secretary of State.(1) Subject to the limitations set forth in sections 87-208 to 87-219.01, any person who adopts a trade name for use in this state may file in the office of the Secretary of State on a form furnished by the Secretary of State an application, in duplicate, for registration of the trade name setting forth, but not limited to, the following information:(a) The name and street address of the applicant for registration and, if a corporation or other type of business entity, the state of incorporation or organization;(b) The trade name sought to be registered;(c) The general nature of the business in fact conducted by the applicant;(d) The length of time during which the trade name has been used in this state;(e) The signature of the applicant; and(f) A filing fee of one hundred ten dollars if the application is submitted in writing and one hundred dollars if the application is submitted electronically pursuant to section 84-511.(2) Upon compliance by the applicant with the requirements of sections 87-208 to 87-219.01, the Secretary of State shall return the duplicate copy stamped with the date of filing to the applicant or the representative submitting the applications for filing.(3) The fees for filing under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees collected to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.Source   Laws 1967, c. 628, § 3, p. 2100;   Laws 1971, LB 486, § 3;   Laws 1975, LB 95, § 9;   Laws 1982, LB 928, § 78;   Laws 1997, LB 453, § 8;  Laws 2005, LB 450, § 1;  Laws 2011, LB462, § 10;  Laws 2012, LB886, § 4;  Laws 2020, LB910, § 42.   Operative Date: July 1, 2021
NE Code § 87-211 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-211 - Trade name; registration; term effective; renewal; fee; statement.

87-211.  Trade name; registration; term effective; renewal; fee; statement.(1) Registration of a trade name under sections 87-208 to 87-219.01 shall be effective for a term of ten years from the date of registration and, upon application filed in duplicate within six months prior to the expiration of such term on a form to be furnished by the Secretary of State, the registration may be renewed for a like term. A renewal fee shall accompany the application for renewal of the registration. The renewal fee shall be one hundred ten dollars if the filing is submitted in writing and one hundred dollars if the filing is submitted electronically pursuant to section 84-511.(2) A trade name registration may be renewed for successive periods of ten years in like manner.(3) The Secretary of State shall notify registrants of trade names under sections 87-208 to 87-219.01 of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration or of last renewal by writing to the last-known street address of the registrants.(4) Any registration in force on August 27, 1971, shall expire ten years from the date of the registration or of the last renewal thereof, whichever is later, and may be renewed by filing an application with the Secretary of State on a form furnished by him or her and paying the renewal fee as provided in this section within six months prior to the expiration of the registration.(5) All applications for renewals under sections 87-208 to 87-219.01 whether of registrations made under sections 87-208 to 87-219.01 or of registrations effected under any prior act shall include a statement that the trade name is still in use in this state.(6) A registrant may change its name, street address, and, if the registrant is a corporation or other type of business entity, its state of incorporation or organization by filing a statement of change with the Secretary of State on a form to be furnished by the Secretary of State and paying a fee of thirty dollars if the filing is submitted in writing and twenty-five dollars if the filing is submitted electronically pursuant to section 84-511. A registrant may be required to submit documented proof of its name change at the discretion of the Secretary of State.(7) The fees imposed under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.Source   Laws 1967, c. 628, § 4, p. 2101;   Laws 1971, LB 486, § 4;   Laws 1975, LB 95, § 10;   Laws 1984, LB 1016, § 1;   Laws 1997, LB 453, § 9;  Laws 2011, LB462, § 11;  Laws 2012, LB886, § 5;  Laws 2020, LB910, § 43.   Operative Date: July 1, 2021
NE Code § 87-212 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-212 - Trade name; assignment; recordation; fee.

87-212.  Trade name; assignment; recordation; fee.Any trade name registered under sections 87-208 to 87-219.01 shall be assignable with the goodwill of the business in which the trade name is used. Assignment shall be by an instrument in writing duly executed, in duplicate, and may be recorded with the Secretary of State upon the payment of a fee of thirty dollars if the filing is submitted in writing and twenty-five dollars if the filing is submitted electronically pursuant to section 84-511. The street address, city, and state of the assignee must be included in the assignment. Upon recording of the assignment, the Secretary of State shall return the duplicate copy stamped with the date of filing to the applicant or the representative submitting the applications for filing. An assignment of any registration under sections 87-208 to 87-219.01 shall be void as against any subsequent purchaser for value without notice unless the assignment is recorded with the Secretary of State prior to the subsequent purchase. The fees imposed under this section shall be payable to the Secretary of State. The Secretary of State shall remit all such fees to the State Treasurer. The State Treasurer shall credit sixty percent of the fees to the General Fund and forty percent of the fees to the Secretary of State Cash Fund.Source   Laws 1967, c. 628, § 5, p. 2101;   Laws 1969, c. 856, § 3, p. 3226;   Laws 1997, LB 453, § 10;  Laws 2011, LB462, § 12;  Laws 2020, LB910, § 44.   Operative Date: July 1, 2021
NE Code § 87-213 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-213 - Secretary of State; record; public examination.

87-213.  Secretary of State; record; public examination.The Secretary of State shall keep for public examination a record of all trade names registered or renewed under sections 87-208 to 87-219.01.Source   Laws 1967, c. 628, § 6, p. 2102;   Laws 1997, LB 453, § 11;  Laws 2011, LB462, § 13.
NE Code § 87-214 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-214 - Registration; Secretary of State; cancel; when.

87-214.  Registration; Secretary of State; cancel; when.The Secretary of State shall cancel from the register:(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;(2) Any registration granted under sections 87-208 to 87-219.01 and not renewed in accordance with such sections;(3) Any registration concerning which a court of competent jurisdiction shall find:(a) That the registered trade name has been abandoned;(b) That the registrant is not the owner of the trade name;(c) That the registration was granted improperly; or(d) That the registration was obtained fraudulently;(4) Any registration that a court of competent jurisdiction shall order canceled on any ground; and(5) Any registration where the registrant has failed to publish such trade name within forty-five days from the filing in the office of the Secretary of State and filing proof of publication with the Secretary of State within the forty-five days.Source   Laws 1967, c. 628, § 7, p. 2102;   Laws 1997, LB 453, § 12;  Laws 2010, LB690, § 1;  Laws 2011, LB462, § 14;  Laws 2013, LB209, § 1. Annotations Where one has acquired a common-law right in a trade name by its use, the subsequent registration of the trade name by the Secretary of State upon the application of another is invalid and subject to cancellation. White v. Board of Regents of Univ. of Neb. at Lincoln, 260 Neb. 26, 614 N.W.2d 330 (2000).
NE Code § 87-215 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-215 - False representation or declaration; damages.

87-215.  False representation or declaration; damages.Any person who, for himself or herself or on behalf of any other person, procures the registration of any trade name in the office of the Secretary of State under the provisions of sections 87-208 to 87-219.01, 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 this filing or registration, to be recovered by any party injured in any court of competent jurisdiction.Source   Laws 1967, c. 628, § 8, p. 2102;   Laws 1997, LB 453, § 13;  Laws 2011, LB462, § 15.
NE Code § 87-216 (2021)
2021 Nebraska Revised Statutes|Chapter 87 - Trade Practices|87-216 - Action for misuse; when.

87-216.  Action for misuse; when.Subject to section 87-218, any person shall be liable to a civil action by the registrant of the trade name for any or all of the remedies provided in section 87-217 if that person shall:(1) Use in connection with his or her business, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trade name registered under sections 87-208 to 87-219.01 in a manner likely to cause confusion, mistake, or deception of purchasers; or(2) Reproduce, counterfeit, copy, or colorably imitate any registered trade name and apply the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be in conjunction with another business in this state; except that the registrant shall not be entitled to recover profits or damages unless the acts were committed with knowledge that the imitation was intended to be used to cause confusion, mistake, or deception of purchasers.Source   Laws 1967, c. 628, § 9, p. 2103;   Laws 1997, LB 453, § 14;  Laws 2011, LB462, § 16.