reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2532 Same; revenue bonds; investment of proceeds.

80-2532.
Same; revenue bonds; investment of proceeds.
Any officer or officers, board or boards, having charge of any sinking fund or any other fund of the state of Kansas, or any department, agency or institution thereof, or any county, municipality or other public corporation or political subdivision, may invest such funds in bonds issued under the provisions of this act. Any bank, trust or insurance company organized under the laws of the state of Kansas may invest in revenue bonds issued under the provisions of this act. Such bonds shall also be approved as collateral security for the deposit of any public funds and for the investment of trust funds.
History:
L. 1984, ch. 374, § 32; July 1.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2533 Same; eminent domain.

80-2533.
Same; eminent domain.
If the board and the owner of any real property desired by the board for hospital purposes cannot agree as to the price to be paid therefor, the board may institute condemnation proceedings in the manner prescribed by article 5 of chapter 26 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto.
History:
L. 1984, ch. 374, § 33; July 1.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2548 Hospital district No. 1, Marion county, Kansas, authorized to convey, without consideration, certain property.

80-2548.
Hospital district No. 1, Marion county, Kansas, authorized to convey, without consideration, certain property.
Notwithstanding any provisions of article 25 of chapter 80 of the Kansas Statutes Annotated to the contrary, the hospital board of hospital district no. 1, Marion county, Kansas, is hereby authorized to convey, without consideration, to such party or parties as the board may determine, the following described property of hospital district no. 1, located in Marion county, Kansas: Lots 10, 11, 12 and 13, block 5, southern addition to the city of Marion, Marion county, Kansas.
History:
L. 1987, ch. 95, § 1; April 30.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2549 Attica hospital district no. 1; election on bonds validated.

80-2549.
Attica hospital district no. 1; election on bonds validated.
Any election held prior to the effective date of this act for the approval of the issuance of general obligation bonds of Attica hospital district no. 1 of Harper county, Kansas, in an amount not to exceed $1,300,000 for the purpose of enlarging and improving the extended care unit of the district's hospital located in Attica, Kansas, under the authority of K.S.A. 80-2501, et seq., notice of which was first published 18 days prior to the election instead of 21 days prior to the election is hereby validated. The district is hereby authorized to issue such bonds in the amount and for the purpose approved by the voters at such election. The bonds so issued shall be legal and binding general obligations of the district.
History:
L. 1985, ch. 335, § 1; May 9.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2550 Definitions.

80-2550.
Definitions.
As used in this act:
(a) "Board" means a board which is vested with the management and control of a health care facilities and services hospital district;
(b) "health care facilities and services hospital district" means a hospital district, city hospital or county hospital:
(1) Which was established under the laws of this state in effect at the time established as a hospital district, city hospital or county hospital;
(2) in which no hospital is being operated and maintained or in which the operation of a hospital has been terminated; and
(3) in which health care facilities and services are being operated and maintained;
(c) "health care facilities and services" means any clinic, long-term care facility, home for the aged, outpatient services, in-home health services, child-care services, respite care services, adult day care services, dietary services, alcohol and drug abuse services and emergency medical or ambulance services;
(d) "hospital" means a medical care facility as defined in K.S.A. 65-425 and amendments thereto.
History:
L. 1984, ch. 369, § 1; L. 1986, ch. 390, § 1; L. 1989, ch. 306, § 1; July 1.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2551 Health care facilities and services hospital districts; existence continued under act.

80-2551.
Health care facilities and services hospital districts; existence continued under act.
(a) Any health care facilities and services hospital district existing on the effective date of this act is hereby continued in existence, and any existing board shall be deemed to be the board for purposes of this act unless and until a new board is selected.
(b) This act shall not affect any judicial proceeding pending or any contract, tax levy, bond issuance or other legal obligation existing on the effective date of this act and any tax levy or bond issuance made under authority of article 21 of chapter 80 of Kansas Statutes Annotated prior to the effective date of this act is hereby validated and confirmed.
History:
L. 1984, ch. 369, § 2; July 1.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2552 Health care facilities and services hospital districts; subject to provisions of general law.

80-2552.
Health care facilities and services hospital districts; subject to provisions of general law.
Any health care facilities and services hospital district shall be deemed a hospital to the same extent as though the same were a hospital which is being operated and maintained as a hospital and shall be controlled, financed, operated, managed and maintained as provided by the general law relating to such hospital immediately prior to the time the hospital became a health care facilities and services hospital district, and shall be subject to the limitations and restrictions provided by such general law. The determination of the number of board members of any existing health care facilities and services hospital district, the method of selection and the terms, qualifications, organization, meetings and compensation thereof shall be as provided by the general law relating to hospital boards under which such hospital was operated and maintained immediately prior to the time the hospital became a health care facilities and services hospital district, and every such board of an existing health care facilities and services hospital district shall have the same powers, duties and functions that are prescribed for boards of hospitals by the law under which such hospital was operated and maintained immediately prior to the time the hospital became a health care facilities and services hospital district.
History:
L. 1984, ch. 369, § 3; L. 1986, ch. 390, § 2; L. 1989, ch. 306, § 2; July 1.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2553 Provisions of act supplemental to general hospital laws.

80-2553.
Provisions of act supplemental to general hospital laws.
The provisions of K.S.A. 80-2550 through 80-2553, and amendments thereto, are supplemental to the general law relating to hospital districts, city hospitals or county hospitals in which a hospital is being operated and maintained and are not intended to modify or repeal any provision of any such law.
History:
L. 1984, ch. 369, § 4; L. 1989, ch. 306, § 3; July 1.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2554 Health care facilities and services hospital district in Linn and Bourbon counties; contract to borrow money authorized; publication; protest petition; special election.

80-2554.
Health care facilities and services hospital district in Linn and Bourbon counties; contract to borrow money authorized; publication; protest petition; special election.
The board of directors of health care facilities and services hospital district no. 1, Linn and Bourbon counties, is hereby authorized to contract with any individual or individuals for the purpose of borrowing money from such individual or individuals to provide money to be used to build an addition to an existing home for the aged subject to such terms and conditions as the parties may specify in the contract. Before any such contract becomes effective, the board of directors shall cause to be published once in a newspaper of general circulation in such district a copy of the contract which shall state, in addition to such other terms and conditions as may be contained in the contract, that the contract shall become effective on the 30th day after the day of publication of the contract unless protest petitions signed by at least 5% of the registered voters of such district are filed with the county election officer of the county in which the home for the aged is located prior to that day. If within such thirty-day period protest petitions are filed with sufficient signers, the contract shall not become effective until the board of county commissioners of the counties in which such district is located call a special election at which the question of whether the contract should become effective is submitted to the electors of such district and a majority of voters voting at such election vote in favor of the contract becoming effective.
History:
L. 1985, ch. 93, § 1; April 4.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2555 Norwich hospital district no. I of Kingman county declared a health care facilities and services hospital district.

80-2555.
Norwich hospital district no. I of Kingman county declared a health care facilities and services hospital district.
Notwithstanding any provision of K.S.A. 80-2550 and amendments thereto to the contrary, Norwich hospital district no. I of Kingman county, Kansas, is hereby declared to be a health care facilities and services hospital district for the purposes of K.S.A. 80-2550 through 80-2554, and amendments thereto.
History:
L. 1989, ch. 182, § 1; May 18.
2023 Kansas Statutes › Chapter 80 - Townships And Township Officers › Article 25 - Hospitals And Health Care Facilities › 80-2556 Formation of certain hospital districts in Linn County.

80-2556.
Formation of certain hospital districts in Linn County.
(a) Whenever a petition, signed by not less than 10% of the qualified electors of the Mound City township and Paris township in Linn county, is filed with the board of county commissioners of Linn county requesting the formation of a hospital district, the board shall submit the proposition at an election called and held for that purpose in a manner provided by K.S.A. 10-120, and amendments thereto.
The board of county commissioners, on its own motion, may submit the proposition to the qualified electors of Mound City township and Paris township without the submission of the petition.
(b) If a majority of the qualified electors of the proposed hospital district who vote in the election, vote in favor of the creation of the hospital district, the board of county commissioners of Linn county shall enter an order in its proceedings establishing the hospital district. The original hospital board for the hospital district shall be established as provided in K.S.A. 80-2504, and amendments thereto.
(c) The hospital board may levy an annual tax of not to exceed two mills for operating, equipping, maintaining and improving the hospital. Any mill levy increase shall be made in accordance with the provisions of K.S.A. 80-2516, and amendments thereto.
(d) The provisions of this act shall be a part of and supplemental to the provisions of K.S.A. 80-2501 through 80-2533, and amendments thereto.
History:
L. 2009, ch. 46, § 1; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-203 Registrability.

81-203.
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 such mark:
(a) Consists of or comprises immoral, deceptive or scandalous matter;
(b) consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute;
(c) 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;
(d) consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent;
(e) consists of a mark which: (1) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(2) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(3) is primarily merely a surname, except that nothing in this subsection shall 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 of distinctiveness is made; or
(f) 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, 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.
History:
L. 1999, ch. 85, § 3; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-204 Application for registration.

81-204.
Application for registration.
(a) Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, 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; if a corporation, limited liability company, limited partnership, limited liability partnership or other business entity, the state of organization; and if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary;
(2) the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall;
(3) the date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in interest; and
(4) a statement that the applicant is the owner of the mark, 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 near resemblance to such mark as to be likely, when applied to the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive. The secretary may also require a statement as to whether an application to register the mark, or portions or a composite of such mark, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office. If such application has been filed in the United States patent and trademark office, the applicant shall provide full particulars with respect to such filing including the filing date and serial number of each application, the status of such filing and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for such refusal.
(b) The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application.
(c) 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.
(d) The application shall be accompanied by three specimens showing the mark as actually used.
(e) The application shall be accompanied by the application fee payable to the secretary of state.
History:
L. 1999, ch. 85, § 4; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-205 Filing of applications; refusal of registration; same or similar marks, procedure.

81-205.
Filing of applications; refusal of registration; same or similar marks, procedure.
(a) 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 act.
(b) 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 applicant to be advisable to respond to any rejection or objection.
(c) 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. No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter be or shall have become distinctive of the applicant's or registrant's goods or services.
(d) Amendments may be made by the secretary upon the application submitted by the applicant upon applicant's agreement, or a new application may be required to be submitted.
(e) If the applicant is found not to be entitled to registration, the secretary shall advise the applicant and state the reasons of such refusal. 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 then be reexamined. This procedure may be repeated until: (1) The secretary finally refuses registration of the mark; or (2) the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
(f) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration. Such writ may be granted, but without costs to the secretary, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(g) In the instance of applications concurrently being processed by the secretary 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 a prior-filed application is granted a registration, the other application or applications 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 K.S.A. 81-210, and amendments thereto.
History:
L. 1999, ch. 85, § 5; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-206 Certificate of registration, issuance.

81-206.
Certificate of registration, issuance.
Upon compliance by the applicant with the requirements of this act, the secretary 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 and the seal of the state, and such certificate shall show the name and business address 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 or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration. Any certificate of registration issued by the secretary under the provisions of this section or a copy of such certificate duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any actions or judicial proceedings in any court of this state.
History:
L. 1999, ch. 85, § 6; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-207 Duration of registration; renewal.

81-207.
Duration of registration; renewal.
(a) A registration of a mark as provided in this act 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 such 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 the application for renewal of the registration.
(b) A registration may be renewed for successive periods of five years in like manner.
(c) Any registration in force on the date on which this act shall become effective shall and continue in full force and effect for the unexpired term of such registration 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 as provided in this section within six months prior to the expiration of the registration.
(d) All applications for renewal under this act, whether of registrations made under this act or of registrations effected under any prior act, 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.
History:
L. 1999, ch. 85, § 7; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-208 Assignments; changes of name; other instruments.

81-208.
Assignments; changes of name; other instruments.
(a) Any mark and registration as provided in this act 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 upon the payment of the recording fee payable to the secretary 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 of the registration. An assignment of any registration under this act shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three months after the date of assignment or prior to such subsequent purchase.
(b) Any 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 in the name of the assignee a certificate of registration of an assigned application. 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.
(c) Other instruments which relate to a mark registered or application pending pursuant to this act, such as, licenses, security interests or mortgages, may be recorded in the discretion of the secretary, if such instrument is in writing and duly executed.
(d) 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.
(e) A photocopy of any instrument referred to in subsection (a), (b) or (c) above shall be accepted for recording if it is certified by any of the parties to the instrument, or their successors, to be a true and correct copy of the original.
History:
L. 1999, ch. 85, § 8; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-209 Records.

81-209.
Records.
The secretary shall keep for public examination a record of all marks registered or renewed under this act, as well as a record of all documents recorded pursuant to K.S.A. 81-208, and amendments thereto.
History:
L. 1999, ch. 85, § 9; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-210 Cancellation.

81-210.
Cancellation.
The secretary shall cancel from the register, in whole or in part: (a) Any registration which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record;
(b) all registrations granted under this act and not renewed in accordance with the provisions of this act;
(c) any registration concerning which a court of competent jurisdiction finds that: (1) The registered mark has been abandoned; (2) the registrant is not the owner of the mark; (3) the registration was granted improperly; (4) the registration was obtained fraudulently; (5) the mark is or has become the generic name for the goods or services, or a portion of the goods or services, for which it has been registered; or (6) the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States patent and trademark office prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned, except that should the registrant prove 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 hereunder shall not be canceled for such area of the state; or
(d) when a court of competent jurisdiction orders cancellation of a registration on any ground.
History:
L. 1999, ch. 85, § 10; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-211 Classification of goods and services.

81-211.
Classification of goods and services.
The secretary shall by regulation establish a classification of goods and services for convenience of administration of this act, 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 with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office.
History:
L. 1999, ch. 85, § 11; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-212 Fraudulent registration; liability for damages.

81-212.
Fraudulent registration; liability for damages.
Any person who for such person's own behalf, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, orally 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 by such person's finding in any court of competent jurisdiction.
History:
L. 1999, ch. 85, § 12; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-213 Infringement; liability.

81-213.
Infringement; liability.
Subject to the provisions of K.S.A. 81-217, and amendments thereto, any person who: (a) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or (b) reproduces, counterfeits, copies, or colorably imitates any such mark and applies such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of such goods or services; shall be liable in a civil action by the registrant for any and all of the remedies provided in K.S.A. 81-215, and amendments thereto, except that under subsection (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.
History:
L. 1999, ch. 85, § 13; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-214 Injury to business reputation; dilution.

81-214.
Injury to business reputation; dilution.
(a) The owner of a mark which is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court seems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is distinctive and famous, a court may consider factors such as, but not limited to:
(1) The degree of inherent or acquired distinctiveness of the mark in this state;
(2) the duration and extent of use of the mark in connection with the goods and services with which the mark is used;
(3) the duration and extent of advertising and publicity of the mark in this state;
(4) the geographical extent of the trading area in which the mark is used;
(5) the channels of trade for the goods or services with which the mark is used;
(6) the degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;
(7) the nature and extent of use of the same or similar mark by third parties; and
(8) 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.
(b) In an action brought under this section, the owner of a famous mark shall be entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to trade on the owner's reputation or to cause dilution of the famous mark. If such willful intent is proven, the owner also shall be entitled to the remedies set forth in this act, subject to the discretion of the court and the principles of equity.
(c) The following shall not be actionable under this section:
(1) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark;
(2) noncommercial use of the mark; and
(3) all forms of news reporting and news commentary.
History:
L. 1999, ch. 85, § 14; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-215 Remedies.

81-215.
Remedies.
(a) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations of such mark and any court of competent jurisdiction 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, or both. Such court also may 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. The court, in its discretion, may enter judgment for an amount not to exceed three times such profits and damages or reasonable attorney fees of the prevailing party, or both, in such cases where the court finds the other party committed such wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b) The enumeration of any right or remedy in this section shall not affect a registrant's right to prosecute under any criminal law of this state.
History:
L. 1999, ch. 85, § 15; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-216 Forum for action regarding registration; service on nonresidents.

81-216.
Forum for action regarding registration; service on nonresidents.
(a) Actions to require cancellation of a mark registered pursuant to this act or in mandamus to compel registration of a mark pursuant to this act shall be brought in the district court. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.
(b) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service in accordance with the procedures established for service upon foreign corporations under K.S.A. 60-304, and amendments thereto.
History:
L. 1999, ch. 85, § 16; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-217 Common law rights.

81-217.
Common law rights.
Nothing in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
History:
L. 1999, ch. 85, § 17; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-218 Fees.

81-218.
Fees.
The application for registration of a mark and any renewal application shall be accompanied by a filing fee of $25. All other documents filed pursuant to this act shall be accompanied by a filing fee of $5. All fees shall be payable to the secretary of state.
History:
L. 1999, ch. 85, § 18; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-219 Severability.

81-219.
Severability.
If any provision of this act, or the application of such provision to any person or circumstance is held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision.
History:
L. 1999, ch. 85, § 19; July 1.
2023 Kansas Statutes › Chapter 81 - Trademarks And Service Marks › Article 2 - Revised Kansas Trademark Act › 81-220 Effect; intent.

81-220.
Effect; intent.
(a) The provisions of this act shall not affect any suit, proceeding or appeal pending on the effective date of this act. The provisions of this act are controlling as to all acts relating to marks and parts that are inconsistent with this act, except that as to any application, suit, proceeding or appeal, and for that purpose only, pending on the effective date of this act the provisions of this act shall be deemed not to be effective until final determination of such pending application, suit, proceeding or appeal.
(b) The intent of this act is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the trademark act of 1946, as amended. To that end, the construction given the federal act should be examined as persuasive authority for interpreting and construing this act.
History:
L. 1999, ch. 85, § 20; July 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-161 Definitions.

82-161.
Definitions.
All definitions applicable to the article of the uniform commercial code — documents of title — shall apply in interpreting this act, except as otherwise specifically provided in the act that this section is a part of (being the warehouse receipts act). A "bonded warehouseman" means any warehouseman who has complied with, and is authorized to do business under the provisions of this act.
History:
L. 1927, ch. 340, § 1; L. 1965, ch. 564, § 412; January 1, 1966.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-162 Bonded warehouseman.

82-162.
Bonded warehouseman.
Any warehouseman doing business in this state, other than warehousemen operating under chapter 34, and article 2 of chapter 82, Kansas Statutes Annotated, may become a "bonded warehouseman" and advertise and do business as such upon compliance with the provisions of this act.
History:
L. 1927, ch. 340, § 2; June 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-163 Application; contents; amendments; fee.

82-163.
Application; contents; amendments; fee.
(a) Any warehouseman desiring to become a bonded warehouseman shall make application to the secretary of state for a license. The application shall set forth the following information under oath: (1) The name and business address of the applicant, including the names and addresses of the principal officers and of the directors if the applicant is a corporation, and including the names and addresses of the partners if the applicant is a partnership.
(2) The place or places of business where the applicant proposes to operate as a bonded warehouseman.
(3) The capacity of the warehouse or warehouses which the applicant proposes to operate as a bonded warehouseman.
(4) Such other information as the secretary of state may require.
(b) Every application shall be accompanied with an application fee of $25. The secretary of state shall have authority to make such examination of, or require such reports from, any applicant or bonded warehouseman after the issuance of a license as the secretary of state may deem necessary to carry out the purposes of this act.
(c) Whenever any bonded warehouseman desires to change the location of a warehouse to a location different from the location shown on the application, or such warehouseman desires to use an additional warehouse which was not shown on the application, such warehouseman shall file an amendment to the original application required by this section. Each such amendment shall show the address of the warehouse proposed to be used and shall be accompanied by a filing fee of $25.
History: L. 1927, ch. 340, § 3; L. 1975, ch. 509, § 1; L. 1982, ch. 363, § 14; July 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-164 Bonded warehouseman; issuance and term of license.

82-164.
Bonded warehouseman; issuance and term of license.
Upon receipt of any such application and the filing of the bond required pursuant to K.S.A. 82-165, and amendments thereto, the secretary of state shall issue to such warehouseman a license to advertise and do business as a "bonded warehouseman" in accordance with the laws of this state. Such license shall expire on July 1 next following the issuance thereof, except that any such license issued on or after July 1, 1984, shall expire on December 31 next following issuance thereof.
History:
L. 1927, ch. 340, § 4; L. 1984, ch. 375, § 1; July 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-165 Bond; amount; contents.

82-165.
Bond; amount; contents.
Every warehouseman applying for such license shall file with the secretary of state, before being issued such license, a good and sufficient bond to the state of Kansas, to be approved by the secretary of state, with other than personal sureties, in the penal sum of not less than $5,000 nor more than $50,000, proportioned, in the discretion of the secretary of state, according to the capacity of the warehouse so operated. The bond shall be conditioned for the faithful performance of his or her duties as a warehouseman under the laws of this state, and of such additional obligations as a warehouseman which may be assumed by him or her under contract with any owner depositing goods with him or her or with any purchaser or holder of warehouse receipts issued by him or her.
History:
L. 1927, ch. 340, § 5; June 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-167 Additional bond.

82-167.
Additional bond.
Whenever the secretary of state shall determine that any bond approved by him or her is, or for any cause has become, insufficient he or she may require an additional bond, within the limitations and subject to the conditions hereinbefore provided, to be given by the "bonded warehouseman" concerned. Unless the same be given within the time fixed by a written demand therefor by the secretary of state, the license of such "bonded warehouseman" may be suspended or revoked, and such license may be suspended or revoked for the violation of any of the other provisions of this act.
History:
L. 1927, ch. 340, § 7; June 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-168 Suit to recover damages.

82-168.
Suit to recover damages.
Any person injured by the breach of any obligation to secure which a bond is given, under the provisions of this act, shall be entitled to sue on the bond in his or her own name in any court of competent jurisdiction to recover the damages he or she may have sustained by such breach.
History:
L. 1927, ch. 340, § 8; June 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-169 Unlawful acts.

82-169.
Unlawful acts.
It shall be unlawful for any person to advertise or do business as a "bonded warehouseman" without complying with the provisions of this act, and procuring and having a license as herein provided.
History:
L. 1927, ch. 340, § 9; June 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-170 Violation of act; penalty.

82-170.
Violation of act; penalty.
Any person convicted of violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500 or imprisoned in the county jail not more than six months, or both, in the discretion of the court.
History:
L. 1927, ch. 340, § 10; June 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 1 - Warehouse Receipts; Warehousemen › 82-171 Construction of K.S.A. 82-161 through 82-171.

82-171.
Construction of
K.S.A.
82-161 through 82-171.
This act shall not be construed as in any way affecting, altering or amending chapter 34, or of article 1 [82-101 to 82-160] of chapter 82, Revised Statutes of Kansas for 1923.
History:
L. 1927, ch. 340, § 11; June 1.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-201 Elevator or warehouse certificates or receipts; issuance; contents.

82-201.
Elevator or warehouse certificates or receipts; issuance; contents.
All persons, firms, or corporations owning, manufacturing or dealing in flour, grain, mill products, seeds or other farm products, or engaged in the business of slaughtering cattle, sheep or hogs, and dealing in the various products therefrom, or buying or selling butter, eggs, cheese, dressed poultry or any other merchandise, and all persons, firms, or corporations owning, manufacturing or dealing in mineral ores, spelter, Portland and other cement, building brick, tile and similar or different products of clay or shale, or owning or refining crude oil or crude oil products, or dealing in crude oil or crude oil products, who own or control the structures wherein any such business is conducted or such commodities stored, may issue elevator or warehouse certificates or receipts for any such commodities actually on hand and in store, the property of such person, firm or corporation, and may be the issue of such certificates, sell, assign, encumber or pledge such commodities. Each such certificate or receipt shall contain the date of its issue, the name and address of the person, firm or corporation issuing the same, and the name and address of the party to whom issued, the location of the elevator, warehouse, or structure wherein the commodity therein described is stored, the quantity of each commodity mentioned therein, the brands or marks of identification thereon, if any, and shall be signed by the person, firm or corporation issuing the same.
History:
L. 1905, ch. 224, § 1; L. 1917, ch. 333, § 1; L. 1923, ch. 243, § 1; March 24; R.S. 1923, 82-201.
2023 Kansas Statutes › Chapter 82 - Warehouses › Article 2 - Elevators And Warehouses; Certificates And Receipts › 82-202 Filing declaration with register of deeds; contents.

82-202.
Filing declaration with register of deeds; contents.
Before any such person, firm or corporation, except as hereinafter provided, shall be authorized to issue such elevator or warehouse certificates or receipts, he, she or it, as the case may be, shall file in the office of the register of deeds of the county wherein such elevator, warehouse or other structure is situated, written declaration, which shall contain the name and place of residence or location of such person, firm or corporation, and shall state that he, she or it designs keeping or controlling an elevator, warehouse or other structure for the storage and sale of the commodities mentioned in K.S.A. 82-201, and shall contain an accurate description of such elevator, warehouse or other structure, the location thereof, and the name or names of any person, firm or corporation other than the one making such declaration who has any interest in such elevator, warehouse or structure or in the land upon which it is situated. Such declaration shall be executed and the execution thereof acknowledged by the party making the same before some officer authorized to take acknowledgments of deeds, and the filing of the same in the office of the register of deeds as aforesaid shall be complete notice to all persons that the person, firm or corporation executing the same has complied with this chapter and is authorized to issue elevator or warehouse certificates or receipts in accordance therewith, and no other or different filing or recording of such declaration or of certificates or receipts issued pursuant thereto shall be required save as provided by K.S.A. 82-204.
History:
L. 1905, ch. 224, § 2; L. 1911, ch. 186, § 1; L. 1917, ch. 333, § 2; March 13; R.S. 1923, 82-202.