reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XIII - COMMERCE › Chapter 544C - REGISTERED INTERIOR DESIGNERS › Section 544C.9 - Revocation, suspension, and nonissuance of registration.

544C.9 Revocation, suspension, and nonissuance of registration.
1. The board may revoke, suspend, or refuse to issue or renew the registration of any person upon a finding of any of the following:
a. Fraud in obtaining or renewing a certificate of registration.
b. Professional incompetency.
c. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of the registrant’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
d. Conviction of a felony related to the profession or occupation of the registrant. A copy of the record of conviction or plea of guilty shall be conclusive evidence of the conviction.
e. Unlawful use of the title of “registered interior designer”.
f. Willful or repeated violations of the provisions of this chapter or a rule adopted under this chapter.
2. Any person may appeal a finding of the board within thirty days of the date of notification of action. Upon appeal, the board shall schedule a hearing in accordance with chapter 17A.
2005 Acts, ch 104, §10
2023 Iowa Code › Title XIII - COMMERCE › Chapter 544C - REGISTERED INTERIOR DESIGNERS › Section 544C.10 - Unlawful use of title of “registered interior designer” — violations — penalty — consent agreement.

544C.10 Unlawful use of title of “registered interior designer” — violations — penalty — consent agreement.
1. It is unlawful for a person to use the title, or aid or abet a person in using the title, of “registered interior designer” or any title or device indicating that the person is a registered interior designer unless the person has been issued a certificate of registration as provided in this chapter. This section does not prohibit the provision of interior design services, or the use of the terms “interior design” or “interior designer”, by an architect or by a person who is not registered as an interior designer.
2. A person who violates this section is guilty of a simple misdemeanor. The board, in its discretion and in lieu of prosecuting a first offense under this section, may enter into a consent agreement with a violator, or with a person guilty of aiding or abetting a violator, which acknowledges the violation and the violator’s agreement to refrain from any further violations.
2005 Acts, ch 104, §11
2023 Iowa Code › Title XIII - COMMERCE › Chapter 544C - REGISTERED INTERIOR DESIGNERS › Section 544C.12 - Scope of chapter.

544C.12 Scope of chapter.
This chapter does not apply to the following:
1. A person licensed to practice architecture pursuant to the laws of this state.
2. A person licensed as a professional engineer pursuant to the laws of this state.
3. A person who performs the following services: selling, selecting, or assisting in selecting personal property used in connection with furnishings of interior spaces or fixtures such as, but not limited to, furnishings, decorative accessories, furniture, paint, wall coverings, window treatments, floor coverings, cabinets, countertops, surface-mounted lighting, or decorative materials for a retail sale; or installing or coordinating installations as a part of the prospective retail sale, or providing computer-aided or other drawings for the purpose of retail sale if the drawings are used for material listed for retail sale; and who does not represent that the person is a registered interior designer.
2005 Acts, ch 104, §13
2023 Iowa Code › Title XIII - COMMERCE › Chapter 544C - REGISTERED INTERIOR DESIGNERS › Section 544C.13 - Transition provisions.

544C.13 Transition provisions.
For a period of two years from July 1, 2005, the board may issue a certificate as a registered interior designer to a person residing in Iowa who does not meet the examination requirements specified in section 544C.5, if the person submits evidence to the board demonstrating both of the following:
1. A minimum of two years of interior design education and a combined total of six years of interior design education and experience that is acceptable to the board.
2. Successful completion of section 1 of the national council for interior design qualification examination relating to life safety codes and barrier-free requirements.
2005 Acts, ch 104, §14
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546 - DEPARTMENT OF COMMERCE › Section 546.3 - Banking division.

546.3 Banking division.
1. The banking division shall regulate and supervise banks under chapter 524, debt management licensees under chapter 533A, money services under chapter 533C, delayed deposit services under chapter 533D, mortgage bankers and brokers under chapter 535B, regulated loan companies under chapter 536, industrial loan companies under chapter 536A, real estate appraisers under chapter 543D, and appraisal management companies under chapter 543E, and shall perform other duties assigned to the division by law. The division is headed by the superintendent of banking who is appointed pursuant to section 524.201. The state banking council shall render advice within the division when requested by the superintendent.
2. The banking division shall administer and manage the professional licensing and regulation bureau within the division. The division shall separately account for funds of the bureau. However, the division may allocate costs for administrative, technical, support, and other shared services across the entire division.
86 Acts, ch 1245, §703; 91 Acts, ch 63, §5; 2004 Acts, ch 1141, §32; 2006 Acts, ch 1177, §50; 2007 Acts, ch 88, §45; 2012 Acts, ch 1017, §151; 2016 Acts, ch 1124, §29, 32
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546 - DEPARTMENT OF COMMERCE › Section 546.4 - Credit union division.

546.4 Credit union division.
1. The credit union division created by section 533.103 shall regulate and supervise credit unions under chapter 533.
2. The division is headed by the superintendent of credit unions who shall be appointed pursuant to section 533.104.
3. The credit union review board shall perform duties within the division as prescribed in chapter 533.
86 Acts, ch 1245, §704; 2007 Acts, ch 174, §96
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546 - DEPARTMENT OF COMMERCE › Section 546.7 - Utilities division.

546.7 Utilities division.
The utilities division shall regulate and supervise public utilities operating in the state. The division shall enforce and implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B and shall perform other duties assigned to it by law. The division is headed by the administrator of public utilities who shall be appointed by the governor pursuant to section 474.1.
86 Acts, ch 1245, §707; 91 Acts, ch 97, §58; 92 Acts, ch 1163, §105; 95 Acts, ch 192, §60
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546 - DEPARTMENT OF COMMERCE › Section 546.8 - Insurance division.

546.8 Insurance division.
The insurance division shall regulate and supervise the conducting of the business of insurance in the state. The division shall enforce and implement Title XIII, subtitle 1, insurance and related regulation, and chapter 502, and shall perform other duties assigned to the division by law. The division is headed by the commissioner of insurance who shall be appointed pursuant to section 505.2.
86 Acts, ch 1245, §708; 93 Acts, ch 60, §24; 94 Acts, ch 1023, §115
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546 - DEPARTMENT OF COMMERCE › Section 546.9 - Alcoholic beverages division.

546.9 Alcoholic beverages division.
The alcoholic beverages division shall enforce and implement chapter 123. The division is headed by the administrator of alcoholic beverages who shall be appointed pursuant to section 123.7. The alcoholic beverages commission shall perform duties within the division pursuant to chapter 123.
86 Acts, ch 1245, §709; 90 Acts, ch 1247, §17; 94 Acts, ch 1107, §93
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546A - UNUSED PROPERTY MARKETS — REGULATION OF SALES › Section 546A.2 - Sales prohibited.

546A.2 Sales prohibited.
1. An unused property merchant shall not offer for sale or knowingly permit the sale at an unused property market of baby food, infant formula, cosmetics, or personal care products, or any nonprescription drug or medical device.
2. This section shall not apply to a person who possesses and keeps available for public inspection authentic written authorization identifying that person as an authorized representative of the manufacturer or distributor of such product. Authorization that is false, fraudulent, or fraudulently obtained shall not satisfy the requirement under this subsection.
2004 Acts, ch 1053, §2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546A - UNUSED PROPERTY MARKETS — REGULATION OF SALES › Section 546A.3 - Receipts.

546A.3 Receipts.
1. An unused property merchant shall maintain receipts for the purchase of new and unused property from the producer, manufacturer, wholesaler, or retailer. A receipt shall include all of the following:
a. The date of the purchase.
b. The name and address of the person from whom the new or unused property was acquired.
c. An identification and description of the new and unused property acquired.
d. The price paid for such new and unused property.
e. The signature of the seller and buyer of the new and unused property.
2. An unused property merchant shall maintain receipts required under subsection 1 for two years.
3. An unused property merchant shall not knowingly do either of the following:
a. Falsify, obliterate, or destroy receipts required under subsection 1. Disposal or destruction of receipts after the two-year retention period required by subsection 2 shall not violate this paragraph.
b. Refuse or fail upon request and reasonable notice to make receipts required under subsection 1 available for inspection.
4. This section shall not apply to any of the following:
a. The sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state.
b. The sale of wood for fuel, ice, or livestock.
c. Business conducted during an industry or association trade show.
d. New and unused property that was not recently produced or manufactured, and the style, packaging, or material of the property clearly indicates that it was not recently produced or manufactured.
e. A person who sells by sample, catalog, or brochure for future delivery.
f. The sale of arts or crafts or other merchandise by a person who produces such arts or crafts or merchandise or by a person acting on such person’s behalf.
g. A person who makes a sales presentation pursuant to a prior, individualized invitation issued to the consumer by the owner or legal occupant of the premises.
2004 Acts, ch 1053, §3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546A - UNUSED PROPERTY MARKETS — REGULATION OF SALES › Section 546A.4 - Penalties.

546A.4 Penalties.
A person who violates any provision of this chapter commits:
1. A simple misdemeanor for a first offense.
2. A serious misdemeanor for a second offense.
3. An aggravated misdemeanor for a third or subsequent offense.
2004 Acts, ch 1053, §4; 2005 Acts, ch 3, §93
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546B - VETERANS BENEFITS ASSISTANCE › Section 546B.1 - Definitions.

546B.1 Definitions.
When used in this chapter, unless the context otherwise requires:
1. “Compensation” means money, property, or anything else of value, which includes but is not limited to exclusive arrangements or agreements for the provision of services or the purchase of products.
2. “Person” includes, where applicable, natural persons, corporations, trusts, unincorporated associations, and partnerships.
3. “Trade or commerce” includes the marketing or sale of assets, goods, or services, or any commerce directly or indirectly affecting the people of this state.
4. “Veteran” means as defined in section 35.1.
5. “Veterans’ benefit matter” means any preparation, presentation, or prosecution of a claim affecting a person who has filed or has expressed an intention to file an application for determination of payment, service, commodity, function, or status, entitlement to which is determined under laws administered by the United States department of veterans affairs or the Iowa department of veterans affairs pertaining to veterans and their dependents or survivors.
2018 Acts, ch 1115, §2
Former §546B.1 repealed by
2018 Acts, ch 1115, §7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546B - VETERANS BENEFITS ASSISTANCE › Section 546B.2 - Advertising or promotion disclosures.

546B.2 Advertising or promotion disclosures.
1. A person who advertises or promotes any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements shall include a disclosure as provided in this section and must disseminate the disclosure, both orally and in writing, at the beginning of the event, presentation, seminar, workshop, or other public gathering. The written disclosure must be in the same type size and font as the term “veteran” or any variation of that term as used in the advertisement or promotional materials for the event, presentation, seminar, workshop, or public gathering.
2. The disclosure required by this section shall be in the following form:
This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Iowa Department of Veterans Affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries. Products or services that may be discussed at this event are not necessarily endorsed by those organizations. You may qualify for benefits other than or in addition to the benefits discussed at this event.
3. The requirement to provide a disclosure as provided in this section shall not apply under any of the following circumstances:
a. The United States department of veterans affairs, the Iowa department of veterans affairs, or any other congressionally chartered or recognized organization of honorably discharged members of the armed forces of the United States or any of their auxiliaries have granted written permission to the person for the use of its name, symbol, or insignia to advertise or promote any event, presentation, seminar, workshop, or other public gathering regarding veterans’ benefits or entitlements.
b. The event, presentation, seminar, workshop, or public gathering is part of an accredited continuing legal education course.
2018 Acts, ch 1115, §3
Referred to in §546B.3
Former §546B.2 repealed by
2018 Acts, ch 1115, §7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546B - VETERANS BENEFITS ASSISTANCE › Section 546B.3 - Prohibited acts or practices.

546B.3 Prohibited acts or practices.
A person who commits any of the following acts or practices commits a violation of this chapter:
1. Receives compensation for advising or assisting another person with a veterans’ benefit matter, except as permitted under Tit. 38 of the United States Code.
2. Uses financial or other personal information gathered in order to prepare documents for, or otherwise represent the interests of, another in a veterans’ benefit matter for purposes of trade or commerce, except as permitted under Tit. 38 of the United States Code.
3. Receives compensation for referring another person to a person accredited by the United States department of veterans affairs.
4. Represents, either directly or by implication, and either orally or in writing, that the receipt of a certain level of veterans’ benefits is guaranteed.
5. Fails to provide a disclosure required to be provided pursuant to section 546B.2.
2018 Acts, ch 1115, §4
Former §546B.3 repealed by
2018 Acts, ch 1115, §7
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546B - VETERANS BENEFITS ASSISTANCE › Section 546B.4 - Inapplicability of chapter.

546B.4 Inapplicability of chapter.
This chapter does not apply to officers, employees, or volunteers of the state, or of any county, city, or other political subdivision, or of a federal agency of the United States, who are acting in their official capacity.
2018 Acts, ch 1115, §5
2023 Iowa Code › Title XIII - COMMERCE › Chapter 546B - VETERANS BENEFITS ASSISTANCE › Section 546B.5 - Unfair practice — penalties.

546B.5 Unfair practice — penalties.
A violation of this chapter is a violation of section 714.16, subsection 2, paragraph “a”. Any civil penalty recovered for a violation of this chapter shall be deposited in the veterans trust fund created in section 35A.13.
2018 Acts, ch 1115, §6
2023 Iowa Code › Title XIII - COMMERCE › Chapter 547 - TRADE NAMES › Section 547.1 - Use of trade name — verified statement required.

547.1 Use of trade name — verified statement required.
A person shall not engage in or conduct a business under a trade name, or an assumed name of a character other than the true surname of each person owning or having an interest in the business, unless the person first records with the county recorder of the county in which the business is to be conducted a verified statement showing the name, post office address, and residence address of each person owning or having an interest in the business, and the address where the business is to be conducted. However, this provision does not apply to any person organized or incorporated in this state as a domestic entity or authorized to do business in this state as a foreign entity if the person is a limited partnership under chapter 488; a limited liability company under chapter 489; a corporation under chapter 490; a professional corporation under chapter 496C; a cooperative or cooperative association under chapter 497, 498, 499, 501, or 501A; or a nonprofit corporation under chapter 504.
[C27, 31, 35, §9866-a1; C39, §9866.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §547.1]
89 Acts, ch 102, §3; 96 Acts, ch 1170, §23; 2004 Acts, ch 1021, §119; 2004 Acts, ch 1049, §191; 2005 Acts, ch 4, §2; 2006 Acts, ch 1030, §67; 2008 Acts, ch 1162, §152, 154, 155; 2015 Acts, ch 29, §86
2023 Iowa Code › Title XIII - COMMERCE › Chapter 547 - TRADE NAMES › Section 547.2 - Change in statement.

547.2 Change in statement.
A like verified statement shall be recorded of any change in ownership of the business, or persons interested in the business and the original owners are liable for all obligations until the certificate of change is recorded.
[C27, 31, 35, §9866-a2; C39, §9866.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §547.2]
89 Acts, ch 102, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 547 - TRADE NAMES › Section 547.3 - Fee for recording.

547.3 Fee for recording.
The county recorder shall collect fees in the amount specified in section 331.604 for each verified statement recorded under this chapter. The recorder may return the original instrument to the sender or dispose of the instrument if the sender does not wish to have the instrument returned. An instrument filed in the recorder’s office before July 1, 1990, may be returned to the sender or disposed of if the sender does not wish to have the instrument returned and if there is an official copy of the instrument in the recorder’s office.
[C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §547.3]
85 Acts, ch 159, §4; 89 Acts, ch 102, §5; 90 Acts, ch 1021, §4; 2009 Acts, ch 27, §31
2023 Iowa Code › Title XIII - COMMERCE › Chapter 547 - TRADE NAMES › Section 547.4 - Penalty.

547.4 Penalty.
Any person violating the provisions of this chapter shall be guilty of a simple misdemeanor.
[C27, 31, 35, §9866-a3; C39, §9866.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §547.4]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 547 - TRADE NAMES › Section 547.5 - “Offense” defined.

547.5 “Offense” defined.
Each day that any person or persons violate the provisions of this chapter shall be deemed to be a separate and distinct offense.
[C27, 31, 35, §9866-a4; C39, §9866.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §547.5]
2023 Iowa Code › Title XIII - COMMERCE › Chapter 547A - MISUSE OF FINANCIAL INSTITUTION OR INSURER NAME › Section 547A.1 - Definition.

547A.1 Definition.
As used in this chapter, unless the context otherwise requires, “financial institution” means the same as defined in section 527.2, and “insurer” means an insurer organized under Title XIII, subtitle 1, or similar laws of any other state or the United States.
2005 Acts, ch 22, §1
2023 Iowa Code › Title XIII - COMMERCE › Chapter 547A - MISUSE OF FINANCIAL INSTITUTION OR INSURER NAME › Section 547A.2 - Misuse of name — penalty.

547A.2 Misuse of name — penalty.
1. A person who uses the name, trademark, logo, or symbol of a financial institution or insurer in connection with the sale, offering for sale, distribution, or advertising of any product or service without the consent of the financial institution or insurer, if such use is misleading or deceptive as to the source of origin or sponsorship of, or the affiliation with, the product or service, is guilty of a serious misdemeanor.
2. A financial institution or insurer may bring an action to enjoin the misleading or deceptive use prohibited in subsection 1 and recover all damages suffered by reason of the prohibited use, including reasonable attorney fees. The financial institution or insurer may recover any profits derived from the prohibited use. The state agency with regulatory authority over the financial institution or insurer may also bring an action to enjoin the misleading or deceptive use prohibited in subsection 1. This subsection does not preclude any other remedy provided by law.
2005 Acts, ch 22, §2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.102 - Registrability.

548.102 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 the mark meets any of the following criteria:
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, or bring them into contempt, or disrepute.
3. Consists of or comprises the flag, or coat of arms, or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof.
4. Consists of, or comprises the name, signature, or portrait identifying a particular living individual, except by the individual’s written consent.
5. a. Consists of a mark which is one of the following:
(1) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of the goods or services.
(2) When used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or geographically misdescriptive of the goods or services.
(3) Is primarily merely a surname.
b. This subsection 5 does not prevent the registration of a mark used by the applicant which has become distinctive of the applicant’s goods or services. The secretary may accept as evidence that the mark has become distinctive as used on or in connection with the applicant’s goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five years before the date on which the claim for distinctiveness is made.
6. Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, so as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake, or to deceive.
[C71, 73, 75, 77, 79, 81, §548.2]
86 Acts, ch 1087, §1, 2; 94 Acts, ch 1090, §2
C95, §548.102
95 Acts, ch 67, §40; 2012 Acts, ch 1023, §157
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.103 - Application for registration.

548.103 Application for registration.
1. Subject to the limitations set forth in this chapter, a person who uses a mark may file in the office of the secretary, in the manner which will comply with the requirements of the secretary, an application for the registration of that mark setting forth, but not limited to, all of the following information:
a. The name and business address of the person applying for registration; and if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary.
b. The goods or services on or in connection with which the mark is in use, the mode or manner in which the mark is used on or in connection with those goods or services, and the class in which such goods or services fall, as described in rules adopted by the secretary.
c. The date on which the mark was first used anywhere by the applicant or the applicant’s predecessor in interest.
d. A statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form or in such resemblance to the form as to be likely, when applied to the goods or services of such other person, to cause confusion or mistake, or to deceive.
2. The secretary may also require a statement as to whether an application to register the mark, or portions or a composite of the mark, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office; and if so, the applicant shall provide full particulars with respect to the filing including the filing date and serial number of each application, the status of the application and if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.
3. The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application.
4. The application shall be signed and verified by oath, affirmation, or declaration subject to perjury laws by the applicant or by a member of the firm or an officer of the corporation or association applying.
5. The application shall be accompanied by a specimen showing the mark as actually used.
6. The application shall be accompanied by the application fee payable to the secretary.
[C97, §5049; C24, 27, 31, 35, 39, §9867, 9868, 9870; C46, 50, 54, 58, 62, 66, §548.1, 548.2, 548.4; C71, 73, 75, 77, 79, 81, §548.3]
94 Acts, ch 1090, §3
C95, §548.103
97 Acts, ch 44, §1; 2012 Acts, ch 1023, §157
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.104 - Filing of applications.

548.104 Filing of applications.
1. Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this chapter.
2. The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may make, or authorize the secretary to make, such amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection.
3. The secretary may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. A disclaimer shall not prejudice or affect the applicant’s or registrant’s rights existing at or after the time of disclaimer arising in the disclaimed matter, or the applicant’s or registrant’s rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant’s or registrant’s goods or services.
4. Amendments may be made by the secretary upon the application submitted by the applicant upon the applicant’s agreement, or the secretary may require a new application to be submitted.
5. If the applicant is found not to be entitled to registration, the secretary shall advise the applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall be reexamined. This procedure may be repeated until the secretary finally refuses registration of the mark or the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
6. If the secretary finally refuses registration of the mark, the applicant may seek judicial review of the refusal in accordance with chapter 17A.
7. If the secretary is concurrently processing applications seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If an application filed earlier is granted a registration, a later application shall be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of section 548.109.
94 Acts, ch 1090, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.105 - Certificate of registration.

548.105 Certificate of registration.
1. Upon compliance by the applicant with the requirements of this chapter, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration shall be issued under the signature and seal of the secretary. The certificate of registration shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark. The certificate of registration shall also show 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 or services and a description of the goods or services on or in connection with which the mark is used, a description of the mark, the registration date, and the term of the registration.
2. A certificate of registration issued by the secretary under this section 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 an action or judicial proceeding in any court in this state.
[C97, §5049; C24, 27, 31, 35, 39, §9868, 9869; C46, 50, 54, 58, 62, 66, §548.2, 548.3; C71, 73, 75, 77, 79, 81, §548.4]
94 Acts, ch 1090, §5
C95, §548.105
97 Acts, ch 44, §2; 2019 Acts, ch 24, §104
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.106 - Duration and renewal.

548.106 Duration and renewal.
1. A registration of a mark under this chapter shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of the term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee payable to the secretary shall accompany an application for renewal of registration.
2. A registration may be renewed for successive periods of five years in like manner.
3. A registration in force on the date on which this chapter shall become effective 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 complying with the requirements of the secretary and paying the renewal fee within six months prior to the expiration of the registration.
4. All applicants for renewal under this chapter, whether of registration made under this chapter or of registrations effected under any prior statute, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
[C46, 50, 54, 58, 62, 66, §548.6; C71, 73, 75, 77, 79, 81, §548.5]
94 Acts, ch 1090, §6
C95, §548.106
2018 Acts, ch 1041, §127
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.107 - Assignments, changes of name, and other instruments.

548.107 Assignments, changes of name, and other instruments.
1. A mark and its registration under this chapter is assignable with the goodwill of the business in which the mark is used or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be by a duly executed written instrument which may be recorded with the secretary upon the payment of a recording fee to the secretary, who, upon recording of the assignment, shall issue a new certificate in the name of the assignee for the remainder of the term of the assigned registration or of the last renewal of the registration. An assignment of a registration under this chapter shall be void as against any subsequent purchase for valuable consideration without notice, unless the assignment is recorded with the secretary within three months after the date of the assignment or prior to such subsequent purchase.
2. A registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue a certificate of registration of an assigned application in the name of the assignee. The secretary may issue in the name of the assignee, a new certificate or registration for the remainder of the term of the registration or last renewal of the registration.
3. Other instruments which relate to a mark registered or application pending pursuant to this chapter, such as, by way of example, licenses, security interests, or mortgages, may be recorded in the discretion of the secretary, if such instrument is in writing and duly executed.
4. Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of execution.
5. A photocopy of any instrument referred to in subsections 1 through 3, shall be accepted for recording if it is certified by any of the parties to the registration, or their successors, to be a true and correct copy of the original.
[C46, 50, 54, 58, 62, 66, §548.5; C71, 73, 75, 77, 79, 81, §548.6]
94 Acts, ch 1090, §7
C95, §548.107
Referred to in §548.108
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.109 - Cancellation.

548.109 Cancellation.
The secretary shall cancel from the register, in whole or in part, any of the following:
1. A registration concerning which the secretary receives a voluntary request for cancellation from the registrant or the assignee of record.
2. A registration granted under this chapter and not renewed in accordance with this chapter.
3. A registration concerning which a district court finds any of the following:
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.
e. That the mark has become the generic name for the goods or services, or a portion of the goods or services, for which the mark has been registered.
f. 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 under this chapter, and not abandoned. However, if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States patent and trademark office covering an area including this state, the registration under this chapter shall not be canceled for such area of the state.
4. A registration ordered canceled by a court on any ground.
[C71, 73, 75, 77, 79, 81, §548.7]
94 Acts, ch 1090, §9
C95, §548.109
Referred to in §548.104
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.110 - Classification.

548.110 Classification.
The secretary shall by rule establish a classification of goods and services for convenience in the administration of this chapter, but 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. If 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 practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office.
[C71, 73, 75, 77, 79, 81, §548.8]
94 Acts, ch 1090, §10
C95, §548.110
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.111 - Fraudulent registration.

548.111 Fraudulent registration.
A person who, either on the person’s own behalf or on behalf of any other person, procures the filing or registration of a mark in the office of the secretary under this chapter by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, is liable for the damages sustained in consequence of the filing or registration to be recovered by or on behalf of the party injured in district court.
[C71, 73, 75, 77, 79, 81, §548.9]
94 Acts, ch 1090, §11
C95, §548.111
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.112 - Infringement.

548.112 Infringement.
1. Subject to section 548.116, a person shall not do any of the following:
a. 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, 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.
b. Reproduce, counterfeit, copy, or colorably imitate any such mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services.
2. The person shall be liable in a civil action by the registrant for any or all of the remedies provided in section 548.114, except that under subsection 1, paragraph “b”, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
[C97, §5051; C24, 27, 31, 35, 39, §9874; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §548.10]
94 Acts, ch 1090, §12
C95, §548.112
2012 Acts, ch 1023, §142
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.113 - Injury to business reputation — dilution.

548.113 Injury to business reputation — dilution.
1. The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity, to an injunction against another’s use of a mark, commencing after the owner’s mark becomes famous, which causes dilution of the distinctive quality of the owner’s mark, and to obtain such other relief as is provided in this section. In determining whether a mark is 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.
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 owner’s mark is used.
f. The degree of recognition of the owner’s mark in its and in the other’s trading areas and channels of trade in this state.
g. The nature and extent of use of the same or similar mark by third parties.
2. The owner shall be entitled only to injunctive relief in this state in an action brought under this section, unless the subsequent user willfully intended to trade on the owner’s reputation or to cause dilution of the owner’s mark. If such willful intent is proven, 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.
94 Acts, ch 1090, §13; 2012 Acts, ch 1023, §157
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.114 - Remedies.

548.114 Remedies.
1. The owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark and any court may grant injunctions to restrain such manufacture, use, display, or sale as the court deems just and reasonable, and may require the defendants to pay to such owner all profits derived from or all damages suffered by reason of such wrongful manufacture, use, display, or sale. The court may also order that any counterfeits or imitations in the possession or under the control of a defendant be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times such profits and damages and reasonable attorney fees of the prevailing party in 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.
2. The enumeration of any right or remedy in this section shall not affect a registrant’s right to prosecute under any penal law of this state.
[C97, §5050, 5051; C24, 27, 31, 35, 39, §9871 – 9873, 9875; C46, 50, 54, 58, 62, 66, §548.7 – 548.9, 548.11; C71, 73, 75, 77, 79, 81, §548.11]
94 Acts, ch 1090, §14
C95, §548.114
2019 Acts, ch 24, §104
Referred to in §548.112
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.115 - Forum for actions regarding registration — service on out-of-state registrants.

548.115 Forum for actions regarding registration — service on out-of-state registrants.
1. Actions to require cancellation of a mark registered pursuant to this chapter shall be brought in district court. 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 district court in which it is filed and shall be given the right to intervene in the action.
2. In an 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 617.3.
94 Acts, ch 1090, §15
2023 Iowa Code › Title XIII - COMMERCE › Chapter 548 - REGISTRATION AND PROTECTION OF MARKS › Section 548.117 - Fees.

548.117 Fees.
The secretary shall by rule adopted pursuant to chapter 17A prescribe the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees payable pursuant to this chapter are not refundable.
94 Acts, ch 1090, §17
2023 Iowa Code › Title XIII - COMMERCE › Chapter 549 - MUSIC LICENSING FEES › Section 549.2 - Definitions.

549.2 Definitions.
As used in this chapter:
1. “Copyright owner” means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States under 17 U.S.C. §101 et seq.
2. “Performing rights society” means an association or corporation, including an agent or employee of the association or corporation, that licenses the public performance of a nondramatic musical work on behalf of a copyright owner, including the American society of composers, authors and publishers (ASCAP), broadcast music, inc. (BMI), and the society of European stage authors and composers, inc. (SESAC).
3. “Proprietor” means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted.
4. “Royalty” or “royalties” means the license fee or fees payable by a proprietor to a performing rights society for the public performance of a nondramatic musical work.
96 Acts, ch 1155, §2
2023 Iowa Code › Title XIII - COMMERCE › Chapter 549 - MUSIC LICENSING FEES › Section 549.3 - Licensing negotiations.

549.3 Licensing negotiations.
1. A performing rights society shall not enter onto the business premises of a proprietor for the purpose of discussing a contract for the payment of royalties by the proprietor, unless the performing rights society identifies itself to the proprietor and describes to the proprietor the purpose for entering onto the proprietor’s business premises.
2. A performing rights society shall not enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at the time of the offer, or any later time, but not later than seventy-two hours prior to the execution of the contract, the performing rights society provides to the proprietor, in writing, all of the following:
a. A schedule of the rates and terms of royalties under the contract.
b. Upon the request of the proprietor, the opportunity to review the most current available list of the members or affiliates represented by the performing rights society.
c. Notice that the performing rights society will make available, upon the written request of a proprietor, at the sole expense of the proprietor, the most current available listing of the copyrighted nondramatic musical or similar works in the performing rights society’s repertory, provided that the notice shall specify the means by which the listing can be secured.
d. Notice that the performing rights society complies with federal law and orders of courts having appropriate jurisdiction regarding the rates and terms of royalties and the circumstances under which licenses for rights of public performance are offered to any proprietor.
96 Acts, ch 1155, §3
2023 Iowa Code › Title XIII - COMMERCE › Chapter 549 - MUSIC LICENSING FEES › Section 549.4 - Royalty contract requirements.

549.4 Royalty contract requirements.
A contract for the payment of royalties between a performing rights society and a proprietor executed in this state shall meet all of the following requirements:
1. Be in writing.
2. Be signed by the parties.
3. Include, at a minimum, the following information:
a. The proprietor’s name and business address and the name and location of each place of business to which the contract applies.
b. The name of the performing rights society.
c. The duration of the contract.
d. The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of rates for the duration of the contract.
96 Acts, ch 1155, §4
2023 Iowa Code › Title XIII - COMMERCE › Chapter 549 - MUSIC LICENSING FEES › Section 549.5 - Improper licensing practices.

549.5 Improper licensing practices.
A performing rights society shall not collect, or attempt to collect, from a proprietor licensed by that performing rights society, a royalty payment except as provided in a contract executed pursuant to the provisions of this chapter.
96 Acts, ch 1155, §5