reglab/housing_qa huggingface dataset:
6 DE Code § 3101. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 31. Registration of Trade Names, Partnerships and Associations|§ 3101. Use and registration of trade names or titles.

§ 3101. Use and registration of trade names or titles. No person, firm or association shall engage in, prosecute or transact any business within the limits of this State, by using any trade name or title which does not disclose the Christian and surname of such person, or in case of a firm or association, the Christian and surname of each and every person comprising the firm or association without, in addition to what is otherwise required by the laws of this State, first filing a certificate under the hand of such person or, in case of a firm or association, under the hand of one of the members of the firm or association, in the office of the prothonotary of each county in which it is prosecuting or transacting such business, designating the trade name or title and Christian and surname of such person, or, in case of a firm or association, the Christian and surname of each and every member comprising the firm or association. All certificates shall show the date when the partnership or association was organized, to which certificates there shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct. 25 Del. Laws, c. 146, §  1;  27 Del. Laws, c. 177, §  1;  Code 1915, §  2639;  Code 1935, §  3111;  6 Del. C. 1953, §  3101;
6 DE Code § 3102. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 31. Registration of Trade Names, Partnerships and Associations|§ 3102. Supplemental certificate upon change in membership.

§ 3102. Supplemental certificate upon change in membership. Whenever a change occurs in the membership of any firm or association which has filed a certificate under § 3101 of this title, a supplemental certificate under the hand of 1 of the members of the firm or association shall, within 10 days after the change, be filed in the office of the prothonotary of each county in which it had theretofore filed a certificate, designating the Christian and surname of each and every member comprising the firm or association after the change, and the date when the change took effect, to which certificate shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct. 25 Del. Laws, c. 146, §  2;  27 Del. Laws, c. 177, §  2;  Code 1915, §  2640;  Code 1935, §  3112;  6 Del. C. 1953, §  3102;
6 DE Code § 3103. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 31. Registration of Trade Names, Partnerships and Associations|§ 3103. Partnership and association docket; duty of prothonotaries; fee for filing certificate.

§ 3103. Partnership and association docket; duty of prothonotaries; fee for filing certificate. The prothonotary of each county shall number the certificates when filed, consecutively, and endorse thereon the date of filing, and enter and record in a book which the prothonotary shall procure for that purpose, which is named “Partnership and Association Docket,” the trade name and title of the person, firm or association, the date of the filing of the certificate, the date of the formation or change in the formation of the firm or association, and the number thereof. For the filing and making of the entries, the prothonotary shall receive from the person filing the certificate a fee of $5.00, to be disposed of in the same manner as other fees which are by law payable to the prothonotary. 25 Del. Laws, c. 146, §  3;  27 Del. Laws, c. 177, §  3;  Code 1915, §  2641;  Code 1935, §  3113;  6 Del. C. 1953, §  3103;  62 Del. Laws, c. 320, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3104. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 31. Registration of Trade Names, Partnerships and Associations|§ 3104. Unincorporated associations.

§ 3104. Unincorporated associations. No unincorporated association of persons shall transact business in this State, unless the individual names of all concerned therein shall be first certified by an officer of such association and filed in the office of the prothonotary of each county. This section shall not apply to partnerships. 13 Del. Laws, c. 32, §  1;  Code 1915, §  4198;  Code 1935, §  4676;  6 Del. C. 1953, §  3104;  63 Del. Laws, c. 407, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3105. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 31. Registration of Trade Names, Partnerships and Associations|§ 3105. False affidavit; penalty.

§ 3105. False affidavit; penalty. Whoever wilfully makes or files, under §§ 3101, 3102 and 3103 of this title, any affidavit which is false commits the crime of false swearing and shall be punishable therefor. 25 Del. Laws, c. 146, §  4;  27 Del. Laws, c. 177, §  4;  Code 1915, §  2642;  Code 1935, §  3114;  6 Del. C. 1953, §  3105;
6 DE Code § 3106. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 31. Registration of Trade Names, Partnerships and Associations|§ 3106. Penalties.

§ 3106. Penalties. If any person, firm or association violates any of the provisions of §§ 3101, 3102, 3103 and 3104 of this title, every such person, and each and every person comprising such firm or association, shall be fined not more than $100 or imprisoned not more than 3 months, or both. 25 Del. Laws, c. 146, §  5;  27 Del. Laws, c. 177, §  5;  Code 1915, §  2643;  Code 1935, §  3115;  6 Del. C. 1953, §  3106;  63 Del. Laws, c. 407, §  2;
6 DE Code § 3107. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 31. Registration of Trade Names, Partnerships and Associations|§ 3107. Application to joint stock associations of more than 50 members or corporations.

§ 3107. Application to joint stock associations of more than 50 members or corporations. Nothing in §§ 3101-3105 of this title shall affect or apply to joint stock associations, using a common name, not being ordinary partnerships, which have more than 50 stockholders or members nor to legally incorporated companies. 25 Del. Laws, c. 146, §  6;  27 Del. Laws, c. 177, §  6;  Code 1915, §  2644;  Code 1935, §  3116;  6 Del. C. 1953, §  3107;
6 DE Code § 3301. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3301. Short title.

§ 3301. Short title. This chapter may be known and cited as the “Delaware Trademark Act.” 60 Del. Laws, c. 612, §  1;
6 DE Code § 3302. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3302. Definitions.

§ 3302. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:  (1) “Applicant” shall mean any person filing an application for registration of a trademark under this chapter, the applicant's legal representatives, successors or assigns. (2) “Mark” shall include any trademark or service mark entitled to registration under this chapter, whether registered or not. (3) “Person” shall mean any individual, firm, partnership, corporation, association, union or other organization. (4) “Registrant” shall mean the person to whom the registration of a trademark under this chapter is issued, that person's legal representatives, successors or assigns. (5) “Service mark” shall mean a mark used in the sale or advertising of services to identify the services of 1 person and distinguish them from the services of others. (6) “Trademark” shall mean any word, name, symbol or device or any combination thereof adopted and used by a person to identify goods made or sold by that person, and to distinguish them from goods made or sold by others. (7) “Trade name” shall mean a word, name, symbol, device or any combination thereof used by a person to identify a business, vocation or occupation and distinguish it from the business, vocation or occupation of others. (8) For the purposes of this chapter, a trademark shall be deemed to be “used” in this State:  a. On goods, when it is placed in any manner on the goods, their containers or the displays associated therewith, or on labels affixed thereto and such goods are sold or otherwise distributed within this State; and b. On services, when the trademark is used or displayed in the sale or advertising of services and the services are rendered in this State.60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3303. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3303. Registrability.

§ 3303. 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 of any living individual, except with that individual's written consent; (5) Consists of a mark which:  a. When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them; b. When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or c. Is primarily merely a surname (provided, however, that nothing in this section shall prevent the registration of a mark used in this State by the applicant which is or has become distinctive of the applicant's goods or services); or (6) Consists of or comprises a mark which so resembles a mark registered in this State or a trademark 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 mistake, or to confuse or deceive.60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3304. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3304. Application for registration.

§ 3304. Application for registration. (a) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this State 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, but not limited to, the following information:  (1) The name and business address of the person applying for such registration, and if a corporation, the state of incorporation; (2) The goods or services in connection with which the mark is used, the mode or manner in which the mark is used 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 the applicant's predecessor in business; and (4) A statement 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. (b) The application shall be signed and verified by the applicant, by a member of the firm or by an officer of the corporation or association applying therefor. The application shall be accompanied by a specimen or facsimile of such mark in duplicate. The application for registration shall be accompanied by a filing fee of $25 payable to the Secretary of State. 60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3305. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3305. Certificate of registration.

§ 3305. Certificate of registration. (a) Upon compliance by the applicant with the requirements of this chapter, 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 it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere, the date claimed for the first use of the mark in this State, the class of goods or services, a description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration period. (b) Any certificate of registration issued by the Secretary of State under this chapter or a copy thereof duly certified by the Secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceeding in any court of this State. (c) A certificate of registration will be issued by the Secretary of State upon receipt of a $10 fee payable to the Secretary of State. 60 Del. Laws, c. 612, §  1;
6 DE Code § 3306. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3306. Duration and renewal.

§ 3306. Duration and renewal. (a) Registration of a mark under this chapter shall be effective for a term of 10 years from the date of registration and, upon application filed within 6 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 of $25, payable to the Secretary of State, shall accompany the application for renewal of the registration. A trademark registration may be renewed for successive periods of 10 years in like manner. (b) The Secretary of State shall notify registrants of marks hereunder of the necessity of renewal within the year next preceding expiration of the 10 years from the date of registration by writing to the last known address of a registrant. (c) Any registration in force on the date on which this chapter shall become effective shall expire 10 years from the date of the registration, the last renewal thereof or 1 year after the effective date of this chapter, whichever is later, and may be renewed by filing an application with the Secretary of State on a form furnished by the secretary and paying the aforementioned renewal fee thereof within 6 months prior to the expiration of the registration. (d) All applications for renewals under this chapter, whether of registrations made hereunder or of registrations effected under any prior act, shall include a statement that the mark is still in use in this State. (e) The Secretary of State shall, within 6 months after such effective date, notify all registrants of marks registered under previous acts of the date of expiration of such registrations, unless renewed in accordance with this chapter, by writing to the last known address of the registrants. 60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3307. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3307. Assignment.

§ 3307. Assignment. Any mark and its registration hereunder shall be assignable, 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. Assignment shall be by instruments in writing duly executed, and may be recorded with the Secretary of State upon the payment of a fee of $25, payable to the Secretary of State who, upon recording of the assignment, 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 thereof. An assignment of any registration under this chapter shall be 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 thereof, or prior to such subsequent purchase. 60 Del. Laws, c. 612, §  1;
6 DE Code § 3308. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3308. Records.

§ 3308. Records. The Secretary of State shall keep for public examination a record of all marks registered or renewed under this chapter. 60 Del. Laws, c. 612, §  1;
6 DE Code § 3309. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3309. Cancellation.

§ 3309. Cancellation. The Secretary of State shall cancel from the register:  (1) After 1 year from the effective date of this chapter, all registrations under prior acts which are more than 10 years old, and not renewed in accordance with this chapter; (2) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (3) All registrations granted under this chapter and not renewed in accordance with this chapter; (4) Any registration concerning which a court of competent jurisdiction shall find:  a. That the registered mark has been abandoned; b. That the registrant is not the owner of the mark; c. That the registration was granted improperly; d. That the registration was obtained fraudulently; or e. That the registered mark is so similar, as to be likely to cause confusion or to deceive, to a mark registered by another person in the United States Patent Office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove ownership of a concurrent registration of the mark in the United States Patent Office covering an area including this State, the registration hereunder shall not be canceled; or (5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3310. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3310. Classification.

§ 3310. Classification. Classification shall be as that which is enforced at the time of application under the classification system used by the United States Patent Office. 60 Del. Laws, c. 612, §  1;
6 DE Code § 3311. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3311. Fraudulent registration.

§ 3311. Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under this chapter, 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 court of competent jurisdiction. 60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;
6 DE Code § 3312. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3312. Infringement.

§ 3312. Infringement. Subject to common-law rights as set forth in § 3315 of this title, any person who shall:  (1) Use, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter in connection with the sale, offering for sale or advertising of any goods or services, or in connection with which such use is likely to cause confusion or to deceive as to the source or origin of such goods or services; or (2) 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 in this State of such goods or services; shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in § 3314 of this title, except that under paragraph (2) of this section, 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 to deceive. 60 Del. Laws, c. 612, §  1;
6 DE Code § 3313. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3313. Injury to business reputation; dilution.

§ 3313. Injury to business reputation; dilution. Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under this chapter, or a mark valid at common law or a trade name valid at common law, shall be a ground for injunctive relief notwithstanding the absence of competition between the parties, or the absence of confusion as to the source of goods or services. 60 Del. Laws, c. 612, §  1;
6 DE Code § 3315. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33. Trademarks, Brands and Labels|§ 3315. Common-law rights.

§ 3315. Common-law rights. Nothing herein shall adversely affect the rights or the enforcement of the rights in marks acquired in good faith at any time at common law. 60 Del. Laws, c. 612, §  1;
6 DE Code § 3301A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33A. Truth in Music|§ 3301A. Definitions.

§ 3301A. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:  (1) “Performing group” means a vocal or instrumental group using or seeking to use the name of another group that has previously released a commercial sound recording under that name. (2) “Recording group” means a vocal or instrumental group at least 1 of whose members has previously released a commercial sound recording under that group's name and in which the member or members have a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. (3) “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken or other sounds regardless of the nature of the material object, such as a disk, tape or other media in which the sounds are embodied.76 Del. Laws, c. 337, §  2;
6 DE Code § 3302A. (2021)
2021 Delaware Code|Title 6 - Commerce and Trade|Chapter 33A. Truth in Music|§ 3302A. Prohibition.

§ 3302A. Prohibition. (a) No person shall advertise or conduct a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection or association between a performing group and a recording group. (b) This section shall not apply if any of the following apply:  (1) The performing group is the authorized registrant and owner of a Federal service mark for that group registered in the United States Patent and Trademark Office. (2) At least 1 member of the performing group was a member of the recording group and has a legal right by virtue of use or operation under the group name without having abandoned the name or affiliation with the group. (3) The live musical performance or production is identified in all advertising and promotion as a salute or tribute and the name of the vocal or instrumental group performing is not so closely related or similar to that used by the recording group that it would tend to confuse or mislead the public. (4) The advertising does not relate to a live musical performance or production taking place in this State. (5) The performance or production is expressly authorized by the recording group.76 Del. Laws, c. 337, §  2;