reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-5 - Transfer Voidable as to Present or Future Creditor.

Section 8-9B-5
Transfer voidable as to present or future creditor.
(a) A transfer made by a debtor is voidable as to a creditor, whether the creditor’s claim arose before or after the transfer was made, if the debtor made the transfer:
(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or
(2) without receiving a reasonably equivalent value in exchange for the transfer, and the debtor:
(i) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or
(ii) intended to incur, or believed or reasonably should have believed that the debtor would incur, debts beyond the debtor’s ability to pay as they became due.
(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:
(1) the transfer was to an insider;
(2) the debtor retained possession or control of the property transferred after the transfer;
(3) the transfer was concealed or not disclosed;
(4) before the transfer was made, the debtor had been sued or threatened with suit;
(5) the transfer was of substantially all the debtor’s assets;
(6) the debtor absconded;
(7) the debtor removed or concealed assets;
(8) the value of the consideration received by the debtor was not reasonably equivalent to the value of the asset transferred;
(9) the debtor was insolvent or became insolvent shortly after the transfer was made;
(10) the transfer occurred shortly before or shortly after a substantial debt was incurred; and
(11) the debtor transferred the essential assets of the business to a lienor that transferred the assets to an insider of the debtor.
(c) A creditor making a claim for relief under subsection (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-6 - Transfer Voidable as to Present Creditor.

Section 8-9B-6
Transfer voidable as to present creditor.
(a) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the debtor made the transfer without the debtor receiving a reasonably equivalent value in exchange for the transfer and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer.
(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.
(c) Subject to Section 8-9B-3(b), a creditor making a claim for relief under subsection (a) or (b) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-7 - When Transfer Is Made.

Section 8-9B-7
When transfer is made.
For the purposes of this chapter:
(1) a transfer is made:
(i) with respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good-faith purchaser of the asset from the debtor against which applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and
(ii) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee;
(2) if applicable law permits the transfer to be perfected as provided in paragraph (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action;
(3) if applicable law does not permit the transfer to be perfected as provided in paragraph (1), the transfer is made when it becomes effective between the debtor and the transferee; and
(4) except with respect to personal property and fixtures where a lender has perfected its security interest in such property in which event paragraph (1)(i) shall apply, a transfer is not made until the debtor has acquired rights in the asset transferred.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-8 - Remedies of Creditor.

Section 8-9B-8
Remedies of creditor.
(a) In an action for relief against a transfer under this chapter, a creditor, subject to the limitations in Section 8-9B-9, may obtain:
(1) avoidance of the transfer to the extent necessary to satisfy the creditor’s claim;
(2) an attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and
(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii) any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-10 - Extinguishment of Claim for Relief.

Section 8-9B-10
Extinguishment of claim for relief.
A claim for relief with respect to a transfer under this chapter is extinguished unless action is brought:
(a) under Section 8-9B-5(a)(1), within ten years after the transfer of real property was made;
(b) under Section 8-9B-5(a)(1), within six years after the transfer of personal property was made;
(c) under Section 8-9B-5(a)(2) or 8-9B-6(a), within four years after the transfer was made when the action is brought by a creditor whose claim arose before the transfer was made;
(d) under Section 8-9B-5(a)(2), within one year after the transfer was made when the action is brought by a creditor whose claim arose after the transfer was made; or
(e) under Section 8-9B-6(b), within one year after the transfer was made.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-11 - Governing Law.

Section 8-9B-11
Governing law.
(a) In this section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence.
(2) A debtor that is an organization and has only one place of business is located at its place of business.
(3) A debtor that is an organization and has more than one place of business is located at its chief executive office.
(b) A claim for relief in the nature of a claim for relief under this chapter is governed by the local law of the jurisdiction in which the debtor is located when the transfer is made.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-12 - Application to Series Organization.

Section 8-9B-12
Application to series organization.
(a) In this section:
(1) "Series" means an arrangement, however denominated, created by a series organization that, pursuant to the law under which the series organization is organized, has the characteristics set forth in paragraph (2).
(2) "Series organization" means an organization that, pursuant to the law under which it is organized, has the following characteristics:
(i) The public organic record of the organization provides for creation by the organization of one or more series, however denominated, with respect to specified property of the organization, and for records to be maintained for each series that identify the property of or associated with the series.
(ii) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular series is enforceable against the property of or associated with the series only, and not against the property of or associated with the organization or associated with any other series of the organization.
(iii) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a series of the organization.
(b) A series organization and each series of the organization is a separate person for purposes of this chapter, even if for other purposes a series is not a person separate from the organization or other series of the organization.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-13 - Supplementary Provisions.

Section 8-9B-13
Supplementary provisions.
Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-14 - Uniformity of Application and Construction.

Section 8-9B-14
Uniformity of application and construction.
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-15 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 8-9B-15
Relation to electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b).
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 9B - Alabama Uniform Voidable Transactions Act › Section 8-9B-16 - Application; Conforming Amendments.

Section 8-9B-16
Application; conforming amendments.
This chapter applies to transfers made on or after January 1, 2019, and does not apply to a transfer made before January 1, 2019. The Alabama Uniform Fraudulent Transfer Act, Sections 8-9A-1 to 8-9A-12, inclusive, shall apply to transfers made prior to January 1, 2019, and shall not apply to a transfer made on or after January 1, 2019.
(Act 2018-163, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 10 - Restraint of Trade or Production. › Section 8-10-1 - Entering Combination, Pool, etc., to Fix Price or Limit Quantity of Commodity.

Section 8-10-1
Entering combination, pool, etc., to fix price or limit quantity of commodity.
Any person or corporation who engages or agrees with other persons or corporations or enters, directly or indirectly, into any combination, pool, trust, or confederation to regulate or fix the price of any article or commodity to be sold or produced within this state or any person or corporation who enters into, becomes a member of or party to any pool agreement, combination, or confederation to fix or limit the quantity of any article or commodity to be produced, manufactured, mined, or sold in this state must be fined, on conviction, not less than $500 nor more than $2,000.
(Code 1896, §5557; Code 1907, §7579; Code 1923, §5212; Code 1940, T. 57, §106.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 10 - Restraint of Trade or Production. › Section 8-10-2 - Entering Combination to Control Management of Corporation With Intent to Fix Price, Diminish Production, Etc.

Section 8-10-2
Entering combination to control management of corporation with intent to fix price, diminish production, etc.
Any corporation chartered under the laws of this state or any officer, stockholder, agent, or employee of any such corporation which enters into any combination with any other corporation or person with the intent to place the management or control of any such corporation in the hands of another corporation or person and thereby limit or fix the price, restrict or diminish the production, manufacture, sale, use, or consumption of any article of commerce must be fined, on conviction, not less than $500 nor more than $2,000.
(Code 1896, §5558; Code 1907, §7580; Code 1923, §5213; Code 1940, T. 57, §107.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 10 - Restraint of Trade or Production. › Section 8-10-3 - Restraining Trade or Production, Monopolizing Commodities or Business, Destruction of Competition, Etc.

Section 8-10-3
Restraining trade or production, monopolizing commodities or business, destruction of competition, etc.
Any person or corporation, domestic or foreign, which shall restrain, or attempt to restrain, the freedom of trade or production, or which shall monopolize, or attempt to monopolize, the production, control, or sale of any commodity or the prosecution, management, or control of any kind, class, or description of business or which shall destroy, or attempt to destroy, competition in the manufacture or sale of a commodity shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $500 nor more than $2,000 for each offense.
(Code 1907, §7581; Code 1923, §5214; Code 1940, T. 57, §108.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 11 - Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities. › Section 8-11-4 - Taking Rebate, etc., by Officer, Agent, etc., of Railroad, Manufacturing or Mining Corporation.

Section 8-11-4
Taking rebate, etc., by officer, agent, etc., of railroad, manufacturing or mining corporation.
Any officer, agent, or servant of any railroad, manufacturing, or mining corporation who is authorized or employed to buy any property or who may be empowered to contract for, let out, locate, superintend, or estimate for any work or construction for such corporation and who demands, asks for, bargains for, agrees to take, takes, or receives, directly or indirectly, from the seller of such property or the contractor or other person any rebate, discount, drawback, return commission, gift, or gratuity, must be punished on conviction as if he had stolen it.
(Code 1886, §3826; Code 1896, §4744; Code 1907, §7706; Code 1923, §5417; Code 1940, T. 57, §112.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 11 - Rebates, Discounts, Drawbacks, Return Commissions, Gifts or Gratuities. › Section 8-11-5 - Taking Rebate, etc., by Factor, Commission Merchant, Broker, Attorney, Auctioneer, or Agent.

Section 8-11-5
Taking rebate, etc., by factor, commission merchant, broker, attorney, auctioneer, or agent.
Any factor, commission merchant, broker, attorney, auctioneer, architect, or agent who is employed or authorized to sell the property of another or to contract for, survey, locate, estimate for, or superintend any work and who demands, asks for, bargains for, agrees to take, takes, or receives, directly or indirectly, from the purchaser, contractor, or any person who is employed to store, move, handle, transport, insure, repair, or do any act or service in or about the taking care of, preserving, and marketing such property any rebate, discount, drawback, return commission, gift, or gratuity, who charges his principal on account of any one or more of the above enumerated services more than he actually paid therefor or who buys any property or thing for his principal and charges his principal more than he actually paid therefor, must be punished on conviction as if he had stolen it.
(Code 1886, §3827; Code 1896, §4745; Code 1907, §7707; Code 1923, §5418; Code 1940, T. 57, §113.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 1 - General Provisions. › Section 8-12-1 - Appropriation of Trademark to Designate Origin or Ownership.

Section 8-12-1
Appropriation of trademark to designate origin or ownership.
One who produces or deals in a particular thing or conducts a particular business may appropriate to his exclusive use, as a trademark, any form, symbol, or name which has not been so appropriated by another to designate the origin or ownership thereof; but he cannot exclusively appropriate any designation, or part of a designation, which relates only to the name, quality, or the description of the thing or business or the place where the thing is produced or the business is carried on.
(Code 1923, §10370; Code 1940, T. 47, §271.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 1 - General Provisions. › Section 8-12-3 - Defacing Identifying Mark on Encumbered Personal Property; Presumption of Guilt by Possession.

Section 8-12-3
Defacing identifying mark on encumbered personal property; presumption of guilt by possession.
(a) Any person who defaces, or permits the same to be done, with intent to defraud any trademark, or other identifying mark, on any automobile motor, other motor, guns, electrical equipment, radios, motor vehicles, refrigerators, furniture, household or office equipment, or any other personal property, when such property is encumbered with a mortgage, conditional sale contract, or other lien, shall be guilty of a misdemeanor, shall be fined on conviction not less than $25 nor more than $500 and may be imprisoned in the county jail or sentenced to hard labor for not more than six months.
(b) Any person, other than the absolute owner of the property while the same is free and clear of mortgages, retention of title contracts or other encumbrances, found in possession of such property under any claim of right with knowledge that the property has been defaced by a person or persons with intent to defraud after the trademarks or other identifying marks have been defaced, shall be presumed to be guilty of defacing such marks, and shall be punished as provided in this section unless the person in possession overcomes the presumption by clear and convincing proof.
(Acts 1939, No. 667, p. 1061, §§1, 2; Code 1940, T. 57, §§94(1), 94(2).)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-6 - Definitions.

Section 8-12-6
Definitions.
As used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) APPLICANT. The person filing an application for registration of a mark under this article and the person's legal representative, successors, or assigns.
(2) DILUTION. Dilution by blurring or dilution by tarnishment, regardless of the presence or absence of:
a. Competition between the owner of the famous mark and other parties, or
b. Actual or likely confusion, mistake, or deception, or
c. Actual economic injury.
(3) DILUTION BY BLURRING. The association arising from the similarity between a mark and a famous mark that impairs the distinctiveness of the famous mark.
(4) DILUTION BY TARNISHMENT. The association arising from the similarity between a mark and a famous mark that harms the reputation of the famous mark.
(5) MARK. Any trade name, trademark, or service mark entitled to registration under this article whether registered or not.
(6) PERSON. Any individual, firm, partnership, corporation, association, union, or other organization.
(7) REGISTRANT. The person to whom the registration of a mark under this article is issued and the person's legal representative, successors, or assigns.
(8) SERVICE MARK. Any word, name, symbol, character, or device, or any combination thereof and the distinctive feature of radio, television, or other advertising adopted and used by a person to identify services rendered or offered by the person and to distinguish them from the services of others.
(9) TRADEMARK. Any word, name, symbol, character, design, drawing, or device, or any combination thereof adopted and used by a person to identify goods made or sold by the person and to distinguish them from goods made or sold by others.
(10) TRADE NAME. A word, name, symbol, character, design, drawing, device, or any combination thereof adopted and used by a person to identify the person's business (including vocation, occupation, or profession), and distinguish it from the business of others.
(11) USED. A mark shall be deemed to be used in this state:
a. On goods or their containers or the displays associated therewith or on the tags or labels affixed thereto when such goods are sold or otherwise distributed in the state;
b. In connection with services when it is used or displayed in the sale or advertising of services and the services are rendered in this state; and
c. In connection with a business when it identifies the business to persons in this state.
(Acts 1980, No. 80-166, p. 236, §1; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1; Act 2010-747, p. 1886, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-7 - Registrability.

Section 8-12-7
Registrability.
(a) A mark by which the goods, services, or business of any applicant for registration may be distinguished from the goods, services, or business 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 a person, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
(3) Consist of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality or of any foreign nation, or any simulation thereof;
(4) Consists of, comprises or includes the name, signature, or portrait of any living individual, except with his written consent;
(5) Consists of a mark which:
a. When applied to the goods, services, or business of the applicant, is merely descriptive or deceptively misdescriptive of them; or
b. When applied to the goods, services, or business 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 subdivision shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods, services, or business. The Secretary of State may accept as evidence that the mark has become distinctive, as applied to the applicant's goods, services, or business, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration; or
(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark previously used in this state by another and not abandoned, as to be likely, where applied to the goods, services, or business of the applicant, to cause confusion or mistake or to deceive. Such a mark may be registered when the prior registrant or assignee, or the previous user of the mark gives his written consent, and the parties identify by affidavit their respective separate geographic markets and state that neither plans to expand into the other's market.
(b) Neither the issuance of a certificate of incorporation to a domestic corporation or a certificate of authority to a foreign corporation or a certificate of registration to a foreign limited partnership, nor the reservation or registration of a corporate name bestows any rights of ownership in a mark, and the issuance to another of a certificate of incorporation, a certificate of authority, a certificate of registration of a foreign limited partnership, a certificate of reservation of corporate name, or a certificate of registration of corporate name shall not serve as the basis for refusing registration of a mark.
(Acts 1980, No. 80-166, p. 236, §2; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-8 - Application for Registration; Contents; Signature and Verification; Filing Fee.

Section 8-12-8
Application for registration; contents; signature and verification; filing fee.
(a) Subject to the limitations set forth in this article, 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) A description of the goods, services, or business in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods, services, or business and the class in which such goods, services, or business 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 his 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) Every application under this section shall be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
(c) Every application under this section shall be accompanied by a specimen or facsimile of such mark in triplicate.
(d) Every application for registration under this section shall be accompanied by a filing fee of $30, payable to the Secretary of State.
(Acts 1980, No. 80-166, p. 236, §3; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-9 - Certificate of Registration; Issuance; Use as Evidence.

Section 8-12-9
Certificate of registration; issuance; use as evidence.
(a) Upon compliance by the applicant with the requirements of this article, 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 and the date claimed for the first use of the mark in this state, the class of goods, services, or business and a description of the goods, services, or business on which the mark is used, a reproduction of the mark, the registration date, and the term of the registration.
(b) Any certificate of registration issued by the Secretary of State under the provisions of this section or a copy thereof duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state.
(Acts 1980, No. 80-166, p. 236, §4; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-10 - Duration and Renewal of Registration; Renewal Fee.

Section 8-12-10
Duration and renewal of registration; renewal fee.
(a) Registration of a mark under this article shall be effective for a term of five years from the date of registration and, if the mark is then still in use, upon application filed 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 of $30, payable to the Secretary of State, shall accompany the application for renewal of the registration.
(b) A mark registration may be renewed for successive periods of five years in like manner.
(c) The Secretary of State shall notify registrants of marks under this article of the necessity of renewal within the year next preceding the expiration of five years from the date of registration, and within the year next preceding the expiration of five years from the date of any renewal of a registration, by writing to the last known address, physical, electronic, or otherwise, of the registrants.
(d) Any registration in force on January 1, 2011, shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee therefor within six months prior to the expiration of the registration.
(e) All applications for renewals under this article, whether of registrations made under this article or of registrations effected under any prior act, shall include a statement that the mark is still in use in this state.
(Acts 1980, No. 80-166, p. 236, §5; Act 2010-747, p. 1886, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-11 - Assignment of Mark and Registration; Fee; Recordation and Issuance of New Certificate; Effect of Failure to Record.

Section 8-12-11
Assignment of mark and registration; fee; recordation and issuance of new certificate; effect of failure to record.
Any mark and its registration under this article 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 $30, 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 article shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the Secretary of State within three months after the date thereof or prior to such subsequent purchase.
(Acts 1980, No. 80-166, p. 236, §6.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-12 - Records.

Section 8-12-12
Records.
The Secretary of State shall keep for public examination a record of all marks registered or renewed under this article.
(Acts 1980, No. 80-166, p. 236, §7.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-13 - Cancellation.

Section 8-12-13
Cancellation.
The Secretary of State shall cancel from the register:
(1) After one year from January 1, 1981, all registrations under prior acts or informal registration which have not been registered in accordance with this article;
(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 article and not renewed in accordance with the provisions of Section 8-12-10;
(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 mistake or to deceive, to a mark registered by another person in the United States patent and trademark 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 that he is the owner of a concurrent registration of his mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled; or
(5) Any registration when a court of competent jurisdiction shall order cancellation thereof, on any ground.
(Acts 1980, No. 80-166, p. 236, §8.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-14 - Classification of Goods, Services and Businesses.

Section 8-12-14
Classification of goods, services and businesses.
(a) The following general classes of goods, services, and business are established for convenience of administration of this article, but not to 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 or business with which, the mark is actually being used indicating the appropriate class or classes of goods, services, or business. When a single application includes goods, services, or business which fall within multiple classes, the Secretary of State may require payment of a fee for each class.
(b) The classification of goods and services shall be the classification of goods and services adopted by the United States Patent and Trademark Office, as amended from time to time, except that nothing in this subsection shall prevent the registration of a trade name.
(c) The classification of businesses is as follows:
(1) Agriculture, forestry, and fisheries.
(2) Mining.
(3) Construction.
(4) Manufacturing, nondurable goods.
(5) Manufacturing, durable goods.
(6) Transportation, communications, and other public utilities.
(7) Wholesale trade, nondurable goods.
(8) Wholesale trade, durable goods.
(9) Retail trade - lumber and building materials, hardware, nurseries and garden stores, and mobile home dealers.
(10) Retail trade - department, variety, miscellaneous general merchandise, grocery, dairy products, retail bakery, and food stores.
(11) Retail trade - motor vehicle dealers, auto and home supply stores, gasoline service stations, and miscellaneous vehicle dealers.
(12) Retail trade - apparel, accessory, and shoe stores.
(13) Retail trade - furniture, home furnishings, household appliances, T.V. and radio stores.
(14) Retail trade - eating and drinking places, drugstores, and liquor stores.
(15) Retail trade - sporting goods, bicycles, and hobby stores.
(16) Retail trade - book, stationery, jewelry, sewing, needlework, and piece-goods stores.
(17) Retail trade - mail-order houses, vending machine operators, and direct selling establishments, fuel and ice dealers, and retail florists.
(18) Retail trade - miscellaneous.
(19) Finance, insurance, and real estate.
(20) Business and repair services.
(21) Personal services.
(22) Entertainment and recreation services.
(23) Professional and related services.
(24) Public administration.
(25) Miscellaneous.
(Acts 1980, No. 80-166, p. 236, §9; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1; Act 2010-747, p. 1886, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-15 - Liability for Damages Sustained in Consequence of Fraudulent Filing or Registration.

Section 8-12-15
Liability for damages sustained in consequence of fraudulent filing or registration.
Any person who shall for himself, 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 of this article, 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.
(Acts 1980, No. 80-166, p. 236, §10.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-16 - Liability to Civil Action for Infringement.

Section 8-12-16
Liability to civil action for infringement.
Subject to the provisions of Section 8-12-19, 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 article in connection with a business, or with the sale, offering for sale, or advertising of any goods or services, and such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services or the sponsorship of such business; 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 business or 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 Section 8-12-18, except that under subdivision (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 mistake or to deceive.
(Acts 1980, No. 80-166, p. 236, §11; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-17 - Injunctive Relief; Famous Marks.

Section 8-12-17
Injunctive relief; famous marks.
(a) Subject to the principles of equity, the owner of a mark which is famous and distinctive, inherently or through acquired distinctiveness, in this state shall be entitled to an injunction against another person's commercial use of a mark, if such use begins after the famous mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section.
(b) A mark is famous if it is widely recognized by the general consuming public of this state or a significant geographic area in this state as a designation of source of the goods or services or the business of the mark's owner. In determining whether a mark is famous, a court may consider factors such as, but not limited to:
(1) The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties.
(2) The amount, volume, and geographic extent of sales offered under the mark in this state.
(3) The extent of actual recognition of the mark in this state or a significant geographic area in this state.
(4) 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 under the Trademark Act of 1946, as amended.
(c) In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom the injunctive relief is sought willfully intended to cause dilution of the famous mark, then the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.
(d) The following shall not be actionable under this section:
(1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services or business, including use in connection with:
a. Advertising or promotion that permits consumers to compare goods or services or businesses; or
b. Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services or business of the famous mark owner.
(2) Noncommercial use of the mark and all forms of news reporting and news commentary.
(Acts 1980, No. 80-166, p. 236, §12; Acts 1988, 1st Ex. Sess., No. 88-924, p. 526, §1; Act 2010-747, p. 1886, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-18 - Remedies.

Section 8-12-18
Remedies.
(a) Any owner of a mark registered under this article may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as may be by the court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from, and/or all damages suffered by reason of, such wrongful manufacture, use, display, or sale, and to pay the costs of the action. In assessing profits, the owner shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed. The court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.
(b) In assessing damages the court may enter judgment, according to the circumstances of the case, for any sum above the amount found as actual damages, up to a trebling of such amount. If the court shall find that the amount of the recovery based on profits is either inadequate or excessive, the court may enter judgment for such sum as the court shall find to be just, according to the circumstances of the case. Such sum in either of the above circumstances shall constitute compensation and not a penalty.
(c) The court may award reasonable attorney fees as follows:
(1) To a prevailing owner in such cases when the court finds the defendant willfully intended infringement or dilution.
(2) To a prevailing defendant in such cases as the Alabama Litigation Accountability Act provides.
(d) The enumeration of any right or remedy in this article shall not affect an owner's right to prosecute under any penal law of this state.
(Acts 1980, No. 80-166, p. 236, §13; Act 2010-747, p. 1886, §1.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 2 - Registration of Trademarks and Service Marks. › Section 8-12-19 - Common-Law Rights.

Section 8-12-19
Common-law rights.
Nothing in this article shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
(Acts 1980, No. 80-166, p. 236, §14.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-20 - Registration of Names, Marks, Etc.

Section 8-12-20
Registration of names, marks, etc.
Any person or corporation engaged in manufacturing, bottling, or selling soda water, mineral or aerated waters, cider, ginger ale, milk, cream, beer, ale, or other beverages in bottles, siphons, fountains, or kegs with his or its name or other mark or device branded, stamped, engraved, etched, blown, impressed, or otherwise produced upon such bottles, siphons, fountains, or kegs, or on the boxes used in such business, may file in the office of the judge of probate of the county in which his, or its, place of business is situated, and also in the office of the Secretary of State, a description of the name, mark, or device so used and cause such description and a notice of its filing to be printed once a week for three successive weeks in a newspaper published in the county in which such notice is filed.
(Code 1896, §5567; Code 1907, §7318; Code 1923, §4899; Code 1940, T. 57, §89.)
2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 12 - Trademarks, Names, Marks, Devices, and Labels. › Article 3 - Names, Marks, etc., on Beverage Containers. › Section 8-12-21 - Unauthorized Refilling, Defacing of Marks on or Trafficking in Containers.

Section 8-12-21
Unauthorized refilling, defacing of marks on or trafficking in containers.
Any person or corporation who fills with soda water, mineral or aerated waters, ginger ale, milk, cream, beer, other beverages, medicines, compounds, or mixtures, any bottle, box, siphon, fountain, or keg marked or distinguished by any name, mark, or device of which a description shall have been filed and published as provided in Section 8-12-20, or who defaces, erases, obliterates, covers up, or otherwise removes or conceals any such name, mark, or device, or who sells, buys, gives, receives, or otherwise disposes of or traffics in the same without the written consent of, unless the same shall have been purchased from, the person or corporation whose mark or device shall be upon the bottle, box, siphon, fountain, or keg so filled, trafficked in, used, or dealt with, must be punished on conviction for the first offense by imprisonment in the county jail or at hard labor for the county for not less than 10 days nor more than one year or fined $.50 for each such bottle, box, siphon, fountain, or keg so filled, sold, used, disposed of, bought, or trafficked in, or by both such fine and imprisonment, and for each subsequent offense, by imprisonment for not less than 20 days nor more than one year or by a fine of not less than $1 nor more than $5 for each such bottle, box, siphon, fountain, or keg so filled, sold, used, disposed of, bought, or trafficked in, or by both such fine and imprisonment at the discretion of the jury.
(Code 1896, §5568; Code 1907, §7319; Code 1923, §4900; Code 1940, T. 57, §;90.)