reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:135. Interlocutory judgments; appeal; failure to appeal

RS 51:135 - Interlocutory judgments; appeal; failure to appeal
All interlocutory judgments in the cases affected by this Part, and not otherwise provided for, shall be appealable within five days and shall be heard and determined within twenty days after appeal is lodged, and any interlocutory judgments not appealed, except those rendered during the progress of the trial, shall be final, and shall not be reopened on final appeal. Such appeals shall be on the original papers, on the order of the district judge, if a transcript cannot be prepared in time.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:136. Reasonable attorneys fees taxed as costs

RS 51:136 - Reasonable attorneys fees taxed as costs
The district attorneys and the attorney general prosecuting any case to favorable judgment for the state under this Part shall be paid a reasonable attorneys fee, as the court may fix, out of the property of the defendant and this fee shall be taxed as costs of court.
Amended by Acts 1978, No. 783, §1, eff. July 17, 1978.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:137. Damages recoverable for violation of law

RS 51:137 - Damages recoverable for violation of law
Any person who is injured in his business or property by any person by reason of any act or thing forbidden by this Part may sue in any court of competent jurisdiction and shall recover threefold the damages sustained by him, the cost of suit, and a reasonable attorney's fee.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:138. Suits to be instituted by Attorney General or district attorney; prosecutions

RS 51:138 - Suits to be instituted by Attorney General or district attorney; prosecutions
All suits for the enforcement of this Part shall be instituted in the district courts by the Attorney General, on his own motion or by direction of the governor, or by the district attorney, acting under instruction of the governor or Attorney General; but when the penalty of imprisonment is demanded, the prosecution shall be in accordance with the provisions regulating criminal procedure.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:139. Forfeitures; corporate charter; foreign corporation's right to do business; property unlawfully used

RS 51:139 - Forfeitures; corporate charter; foreign corporation's right to do business; property unlawfully used
A. In the interest of the public welfare, on the petition of the state of Louisiana through the attorney general, the district courts shall have authority under this Part, in a proper case, to order the forfeiture of the charter of a domestic corporation and its liquidation in accordance with existing laws for violations resulting in a judgment.
B. In a like proceeding brought by the state of Louisiana through the attorney general involving a foreign corporation, such courts may order the ouster from the state of a foreign corporation, and the liquidation of its affairs within the state through a liquidating receiver, named in the judgments, under bond as the court may fix, and the sale, under the orders of the court, of any property utilized in any business declared to have been carried on unlawfully.
Amended by Acts 1975, No. 366, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:140. Conspiracy in restraint of trade, agricultural products; penalty

RS 51:140 - Conspiracy in restraint of trade, agricultural products; penalty
No person shall conspire in restraint of trade or commerce by agreeing, combining, or conspiring with any other person to fix a definite price for dealing in, buying, or selling products of the soil such as fruits, nuts, or vegetables, for the purpose of controlling the market or to present legitimate competition.
Whoever violates this Section shall be fined not more than one thousand dollars, or imprisoned with or without hard labor for not more than three years, or both.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:141. Immunity of person reporting offense

RS 51:141 - Immunity of person reporting offense
Any person guilty of the offense defined in R.S. 51:140 who reports the facts under oath within six months after committing the offense to any prosecuting attorney, shall be granted full immunity from prosecution under R.S. 51:140 in respect to the particular offense reported.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:143. Discovery; application for order; notice

RS 51:143 - Discovery; application for order; notice
The Attorney General or district attorney acting under him, or the governor, before beginning an action under this Part may present to the court a written application for an order directing any person, as the Attorney General or district attorney requires, to appear before any judge, clerk of court, or notary public designated in the order, and answer relevant and material questions put to them concerning any illegal contract, combination, or conspiracy in restraint of trade or commerce, or to create a monopoly under this Part, and if it appears to the court to which the application is made that an order is necessary or expedient, the order shall be granted. The order shall be granted without notice, but if notice is required by the court to which the application is made, an order to show cause why the application shall not be granted shall be made and shall contain a temporary restraining order that appears proper to the court, and specifies the time and the place the witnesses are required to appear.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:144. Discovery; order; production of books, papers, etc.

RS 51:144 - Discovery; order; production of books, papers, etc.
The order for examination shall be signed by the judge making it, and the service of a copy with an endorsement signed by the Attorney General or district attorney that the person named shall appear and be examined at the time and place and before the officer specified in the endorsement, shall be sufficient notice for the attendance of witnesses.
The endorsement may require the person to produce on examination all books, papers and documents in his possession or under his control, relating to the subject of such examination. The production of books and papers for inspection shall be subject to the order of the judge who has ordered the examination; and either party may, by a petition, ask that the judge pass on the questions as to whether or not the books or papers should be produced, examined, and introduced in evidence.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:145. Discovery; service; place of examination

RS 51:145 - Discovery; service; place of examination
The order to appear as a witness under the provisions of R.S. 51:144 shall be served and return made as in the case of subpoenas.
The place fixed for the examination shall be that most convenient to the person being investigated, whether within or without the parish of his domicile.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:146. Discovery; incrimination

RS 51:146 - Discovery; incrimination
The witness shall not refuse to produce books or papers in accordance with the order or to answer any questions in reference to the subject matter of the investigation upon the ground that these acts would tend to incriminate him or subject him to a penalty or forfeiture.
The witness shall not be liable to prosecution, or subject to any action, penalty, or forfeiture on account of any transaction, matter, or thing concerning which he may testify or produce books or papers.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:147. Discovery; disclosure prohibited; use of testimony

RS 51:147 - Discovery; disclosure prohibited; use of testimony
No testimony taken under authority of R.S. 51:143 shall be made public, unless by order of the governor, for the use in proper judicial proceedings.
Any person giving unlawful publicity to the testimony shall be in contempt of the court issuing the original order, and shall be fined not less than fifty dollars nor more than two thousand dollars or imprisoned not less than five days nor more than six months, or both. Any and all testimony taken under authority of R.S. 51:143 shall be heard only in the presence of the interested parties and their attorneys, but may be introduced in evidence in subsequent proceedings by the state against the person investigated, unless, in the discretion of the trial court, the defense would be unfairly affected.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:149. Discovery; transcript; governor to have custody

RS 51:149 - Discovery; transcript; governor to have custody
The officer designated under the authority of R.S. 51:144 shall cause the testimony to be recorded by competent stenographers. Each witness shall sign his testimony. After the close of the examination, the officer shall certify and deliver all testimony to the Attorney General or district attorney. The Attorney General or district attorney shall forthwith seal and forward it to the governor who shall be the custodian thereof.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:150. Discovery; contempt

RS 51:150 - Discovery; contempt
If any witness is properly served with notice to appear and testify, and fails to obey the notice, or refuses to testify or produce books or papers, the attorney general or district attorney may file a statement with the judge, setting out the facts, and the judge may issue a citation to the parties causing them to appear and show cause why he should not be punished for contempt. In these contempt proceedings, the person may be fined not more than two thousand dollars or imprisoned not more than six months, or both.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:151. Discovery; costs

RS 51:151 - Discovery; costs
The judge may order the taxation and payment of costs in the proceedings under authority of R.S. 51:143 against the person examined, or any person connected in any way with the examination. Costs shall be collected in the ordinary way, and an itemized statement of costs shall be filed with the clerk of the district court to whom all costs shall be paid.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:191. Sunday closing law; local ordinances; election

RS 51:191 - Sunday closing law; local ordinances; election
Except as provided in R.S. 51:193, the governing authority of any parish or municipality may adopt ordinances regulating or prohibiting the opening of certain businesses and/or the sale of certain stock or articles of merchandise on Sunday, if approved by the voters at an election called as provided in Chapter 6-B of Title 18 of the Louisiana Revised Statutes of 1950.
Acts 1986, No. 1, §1.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:192. Agreements requiring Sunday opening prohibited

RS 51:192 - Agreements requiring Sunday opening prohibited
No store or business that is opposed to being open on Sunday shall be required to open on Sunday unless it is agreed to in the lease agreement.
Acts 1983, No. 546, §1; Acts 1983, No. 726, §1, eff. July 21, 1983; Acts 1985, No. 586, §1, July 13, 1985; Acts 1986, No. 1, §1.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:193. Motor vehicle dealer exemption

RS 51:193 - Motor vehicle dealer exemption
No motor vehicle dealer licensed pursuant to Title 32 of the Louisiana Revised Statutes of 1950 who is engaged in the sale of new or used cars or trucks may be open on Sunday.
Acts 1986, No. 1, §1.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:194. Repealed by Acts 1986, No. 1, §2, eff. Dec. 1, 1986.

RS 51:194 - Repealed by Acts 1986, No. 1, §2, eff. Dec. 1, 1986.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:195. Repealed by Acts 1986, No. 1, §2, eff. Dec. 1, 1986.

RS 51:195 - Repealed by Acts 1986, No. 1, §2, eff. Dec. 1, 1986.
{{NOTE: SEE ACTS 1986, NO. 1, §3, REGARDING EFFECTIVE DATES OF MAY 22, 1987 OR DEC. 1, 1986.}}
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:196. Filing Methods

RS 51:196 - Filing methods
A.(1) The secretary of state may accept any filing required in Chapters 1 and 7 of this Title by electronic, online, or facsimile transmission. All online filings authorized pursuant to the provisions of this Section shall include an electronic signature.
(2) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(3) "Online" means through the secretary of state's commercial online computer system.
B. Printed documents transmitted through the process of an electronic method to the secretary of state are deemed to be properly signed when the document received by a facsimile machine or document image attachment in email by the commercial division, office of the secretary of state, purports to be a copy of the original document and contains the signatures required in this Section.
C.(1) The secretary of state is authorized to implement and establish procedures and systems for secure online form filing for the filing of any instrument required to be filed with the secretary of state pursuant to the provisions of Chapters 1 and 7 of this Title.
(2) Any provision that requires an instrument filed pursuant to the provisions of Chapters 1 and 7 of this Title to be subscribed or acknowledged before a notary public may be dispensed with if the instrument is filed and signed electronically as provided in Paragraph (A)(2) of this Section by a person authorized to sign the instrument.
D. Notwithstanding the provisions of this Section, any filing authorized by Chapters 1 and 7 of this Title that the secretary of state has the capability to accept online shall be filed only online.
E. Notwithstanding the provisions of this Section, any filing filed by an individual from a parish with a population of one hundred thousand or less according to the latest federal decennial census may be filed by facsimile transmission or mail.
Acts 2016, No. 554, §4, eff. Jan. 1, 2018.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:211. Definitions

RS 51:211 - Definitions
A. The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.
B. The term "service mark" as used herein means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
C. The term "mark" as used herein includes any trademark or service mark entitled to registration under this Subpart whether registered or not, including the designation of a particular place of business.
D. The term "trade name" means a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
E. The term "person" as used herein means any individual, firm, partnership, corporation, association, union, public or private educational institution, or other organization.
F. The term "applicant" as used herein embraces the person filing an application for registration of a trademark under this Subpart, his legal representatives, successors or assigns.
G. The term "registrant" as used herein embraces the person to whom the registration of a trademark under this Subpart is issued, his legal representatives, successors or assigns.
H. For the purposes of this Subpart, a trademark shall be deemed to be "used" in this state (1) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the state, and (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
I. The term "educational institution" as used herein means any institution licensed, approved, or funded by the state to perform educational services.
J. For the purposes of this Subpart, any document required to be filed with the secretary of state shall be deemed filed when it is received either physically or electronically in any office designated by the secretary of state for the receipt of such documents.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1979, No. 762, §1; Acts 1999, No. 342, §7; Acts 2001, No. 388, §1, eff. June 13, 2001; Acts 2019, No. 19, §3, eff. May 28, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:212. Registrability

RS 51:212 - Registrability
A name or mark by which the name, goods, or services of any applicant for registration may be distinguished from the name, goods, or services of others shall not be registered if it:
(1) Consists of or comprises immoral, deceptive or scandalous matter.
(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, educational institutions, 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, symbol, seal, emblem, or logo of the United States, or of this state, or of any local governmental subdivision of this state, or of any state or governmental subdivision thereof, or educational institution, or of any foreign nation, or any simulation thereof.
(4) Consists of or comprises the name, signature or portrait of any living individual, except with his written consent.
(5)(a) Consists of a mark which contains any of the following characteristics:
(i) When applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them.
(ii) When applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them.
(iii) Is primarily merely a surname.
(b) Nothing in this Paragraph shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the five years next preceding the date of the filing of the application for registration.
(6) Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.
(7) Consists of matter or words which deceptively or falsely suggest a charitable or nonprofit nature to an organization which is in fact a profit-making organization.
(8) Consists of a matter or words that imply an affiliation with an administrative agency of this state, or any of its political subdivisions, or of the United States.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1978, No. 181, §2; Acts 1979, No. 762, §2; Acts 1997, No. 833, §2, eff. July 10, 1997; Acts 2018, No. 560, §5, eff. May 28, 2018; Acts 2022, No. 193, §5.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:213. Powers of the secretary of state; reservation of trade names, trademarks, and service marks

RS 51:213 - Powers of the secretary of state; reservation of trade names, trademarks, and service marks
A. The secretary of state is authorized to promulgate rules and regulations and prescribe forms for the filing of trademarks under the provisions of this Subpart, and to have the power and authority reasonably necessary to enable him to administer this Subpart efficiently and to perform the duties imposed upon him by its provisions.
B.(1) The exclusive right to the use of a trade name, trademark, or service mark may be reserved by any person intending to apply for a trade name, trademark, or service mark under this Chapter.
(2) Application to reserve a trade name, trademark, or service mark shall be filed with the secretary of state. If the secretary of state finds that the trade name, trademark, or service mark is available for use, he shall reserve the trade name, trademark, or service mark for the exclusive use of the applicant for a nonrenewable period of one hundred twenty days.
(3) The right to the exclusive use of a specified trade name, trademark, or service mark so reserved may be transferred to any other person or corporation by filing in the office of the secretary of state a notice of such transfer, executed by the applicant for whom the name or mark was reserved, and specifying the name and address of the transferee.
C. The secretary of state shall not authorize registration or use of any trade name, trademark, or service mark which deceptively or falsely suggests that the organization so denoted is of a charitable or nonprofit nature when the organization is in fact of a profit-making nature. The secretary of state shall, in accordance with the Administrative Procedure Act, promulgate rules to provide all review procedures necessary to effect the intent of this Subsection.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1976, No. 457, §1; Acts 1978, No. 181, §2; Acts 1991, No. 746, §1; Acts 2015, No. 398, §3, eff. Oct. 5. 2015.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:214. Application for registration

RS 51:214 - Application for registration
A. Subject to the limitations set forth in this Subpart, any person who adopts and uses a mark or name in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark or name setting forth but not limited to the following information written in the English language:
(1) The name and business address of the person applying for such registration and, if a corporation, the state of incorporation.
(2) The goods or services in connection with which the mark or name is used, the mode or manner in which the mark or name is used in connection with such goods or services, and the class in which such goods or services fall.
(3) The date when the mark or name was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business; and
(4) A statement that the applicant is the owner of the mark or name and that no other person has the right to use such mark or name in this state, either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.
B. The application shall be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
C. The application shall be accompanied by a specimen or facsimile of such mark or name in triplicate.
D. The application for registration shall be accompanied by a filing fee as provided in R.S. 49:222, payable to the secretary of state.
E. In addition to said filing fee, the secretary of state shall charge and collect, for the use and benefit of the state, a fee as provided in R.S. 49:222 for making and issuing a copy of any document filed in his office under the provisions of this Subpart, plus a fee as provided in R.S. 49:222 for sealing and certifying to the correctness thereof. The additional fee, provided as aforesaid, shall not apply to the original certificate of registration required by R.S. 51:215.
Acts 1983, No. 235, §5, eff. July 1, 1983; Acts 1989, No. 100, §1, eff. Jan. 1, 1990; Acts 2008, No. 913, §5; Acts 2022, No. 193, §5.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:215. Certificate of registration

RS 51:215 - Certificate of registration
A.(1) Upon compliance by the applicant with the requirements of this Subpart, if the secretary of state finds that the trade name is distinguishable from or not the same as a trade name, limited liability company name, partnership name, or corporate name already in use in this state, or that the trademark or service mark is distinguishable from or not the same as a trademark or service mark already in use in this state which is registered in the same class, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant.
(2) The certificate of registration shall be issued under the signature of the secretary of state and the seal of his office, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the trade name or mark, the date claimed for the first use of the trade name or mark in this state, and, if a trade mark or service mark, the class of goods or services and a written description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
B. Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such trade name or mark in any action or judicial proceedings in any court of this state.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1983, No. 90, §1; Acts 1989, No. 654, §2, eff. July 7, 1989; Acts 1995, No. 847, §4, eff. June 27, 1995; Acts 2017, No. 367, §2.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:215.1. Certificate of correction

RS 51:215.1 - Certificate of correction
A.(1) Whenever the original certificate of registration filed with the secretary of state under any provision of this Chapter is an inaccurate record of the trade name action, trademark action, or service mark action therein referred to, or is defectively or erroneously executed or acknowledged, such instrument may be corrected by filing with the secretary of state a certificate of correction which shall be executed, acknowledged, filed, and recorded in accordance with this Section.
(2) The certificate of correction shall specify the inaccuracy or defect to be corrected and shall set forth that portion of the instrument in correct form.
(3) The secretary of state may prescribe and furnish forms for filing the certificate of correction.
B. The certificate of correction shall be executed as follows:
(1) In the name of the trade name, trademark, or service mark as a correction to its original or renewal registration and acknowledged by the applicant.
(2) The certification of correction shall be filed with the secretary of state. After all fees have been paid as required by law, the secretary of state shall record the certificate of correction in his office and endorse thereon the date of the filing. The certificate of correction shall be effective as of the date the original instrument was filed, except as to those persons who are substantially and adversely affected by the correction and as to those persons the corrected certificate shall be effective from the filing date.
Acts 1991, No. 746, §1; Acts 1999, No. 342, §7; Acts 2019, No. 19, §3, eff. May 28, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:216. Duration and renewal

RS 51:216 - Duration and renewal
A.(1) Registration of a mark hereunder shall be effective for a term of ten years from the date of registration, and upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term. A renewal fee as provided in R.S. 49:222 payable to the secretary of state shall accompany the application for renewal of the registration.
(2) Registration of a trade name hereunder shall be effective for a term of ten years from the date of registration and, upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term. The renewal fee shall accompany the application for renewal.
B. A mark or trade name registration may be renewed for successive periods of ten years in like manner.
C. The secretary of state shall notify registrants of marks and trade names hereunder of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration, by writing to the last known address of the registrants.
D. Any registration in force on July 31, 1968 shall expire ten years from the date of the registration or of the last renewal thereof or one year after July 31, 1968, whichever is later, and may be renewed by filing an application with the secretary of state on a form furnished by him and paying the aforementioned renewal fee therefor within six months prior to the expiration of the registration.
E. All applications for renewals under this Subpart, whether of registrations made under this Subpart or of registrations affected under any prior act, shall include a statement that the mark is still in use in this state.
F.(1) After expiration of the mark or trade name, the person who previously registered the mark or trade name may renew at any time.
(2) Any other person seeking to register the expired mark or trade name shall give sixty days notice, by certified mail, to the previous person's last known address that registered the mark or trade name, prior to registering the expired mark or trade name.
Acts 1983, No. 235, §5, eff. July 1, 1983; Acts 2004, No. 536, §1; Acts 2008, No. 913, §5; Acts 2015, No. 398, §3, eff. Oct. 5, 2015.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:217. Assignment

RS 51:217 - Assignment
A. Any trademark, trade name, or service mark, and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark, trade name, or service mark.
B. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state upon the payment of a fee as provided in R.S. 49:222, payable to the secretary of state, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this Subpart shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
C. The secretary of state may prescribe and furnish forms for assigning a trade name, trademark, and service mark.
Acts 1983, No. 235, §5, eff. July 1, 1983; Acts 1991, No. 746, §1; Acts 2008, No. 913, §5; Acts 2019, No. 19, §3, eff. May 28, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:219. Cancellation

RS 51:219 - Cancellation
A. The secretary of state shall cancel from the register:
(1) After one year from July 31, 1968, all registrations under prior acts which are more than ten years old and not renewed in accordance with this Subpart.
(2) Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record.
(3) All registrations granted pursuant to this Subpart and not renewed in accordance with the provisions hereof.
(4) Any registration concerning which a court of competent jurisdiction shall find:
(a) That the registered mark has been abandoned.
(b) That the registrant is not the owner of the mark.
(c) That the registration was granted improperly.
(d) That the registration was obtained fraudulently.
(e) That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent Office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States Patent Office covering an area including this state, the registration hereunder shall not be cancelled.
(5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
B. The secretary of state may prescribe and furnish forms for filing a voluntary cancellation of registration in accordance with Subsection A of this Section.
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 2019, No. 19, §3, eff. May 28, 2019.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:220. Classification of trademarks and service marks

RS 51:220 - Classification of trademarks and service marks
The following general classes of goods and services are established for convenience of administration of this Subpart, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a trademark or service mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in a single class, but in no event shall a single application include goods or services upon which the mark is being used that fall within different classes of goods or services. This Section shall not apply to trade names. The said classes are as follows:
A. Goods:
(1) Chemicals
(2) Paints
(3) Cosmetics and cleaning preparations
(4) Lubricants and fuels
(5) Pharmaceuticals
(6) Metal goods
(7) Machinery
(8) Hand tools
(9) Electrical and scientific apparatus
(10) Medical apparatus
(11) Environmental control apparatus
(12) Vehicles
(13) Firearms
(14) Jewelry
(15) Musical instruments
(16) Paper goods and printed matter
(17) Rubber goods
(18) Leather goods
(19) Non-metallic building materials
(20) Furniture and articles not otherwise classified
(21) Housewares and glass
(22) Cordage and fibers
(23) Yarns and threads
(24) Fabrics
(25) Clothing
(26) Fancy goods
(27) Floor coverings
(28) Toys and sporting goods
(29) Meats and processed foods
(30) Staple foods
(31) Natural agricultural products
(32) Light beverages
(33) Wines and spirits
(34) Smokers' articles
(35) Miscellaneous
B. Services:
(1) Advertising and business
(2) Insurance and financial
(3) Construction and repair
(4) Communication
(5) Transportation and storage
(6) Material treatment
(7) Education and entertainment
(8) Miscellaneous
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1983, No. 87, §1; Acts 1991, No. 746, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:221. Fraudulent registration

RS 51:221 - Fraudulent registration
Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the secretary of state under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:222. Infringement

RS 51:222 - Infringement
Any person who shall:
(1) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this Subpart in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source of origin of such goods or services; or
(2) Reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution in this state of such goods or services;
shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in this Subpart, except that under Subsection B hereof the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such mark is intended to be used to cause confusion or mistake or to deceive.
Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:223. Remedies

RS 51:223 - Remedies
Any owner of a mark registered under this Subpart may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such owner all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
Added by Acts 1954, No. 235, §2; Amended by Acts 1968, No. 475, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:223.1. Injury to business reputation; dilution

RS 51:223.1 - Injury to business reputation; dilution
Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark or trade name shall be a ground for injunctive relief in cases of infringement of a mark registered or not registered or in cases of unfair competition notwithstanding the absence of competition between the parties or the absence of confusion as to the source of goods or services.
Acts 1984, No. 434, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:224. Educational institutions

RS 51:224 - Educational institutions
A. No person shall use for any commercial purpose any name, work, symbol, or device or any combination thereof which resembles the official name, symbol, seal, or logo of a public or accredited private educational institution except with the written consent of the public or private educational institution.
B. In addition to remedies otherwise provided in this Subpart, any educational institution may enforce the provisions of this Section by a civil suit, including a suit to enjoin any violations hereof. Upon finding that a person knowingly violated this Section, a court may award damages, including an award of all profits derived from the said violation and may order the destruction of those items bearing the name, work, symbol, or device in violation of this Section.
Added by Acts 1979, No. 762, §3. Acts 1983, No. 89, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:241. Filing of name, mark or device; publication

RS 51:241 - Filing of name, mark or device; publication
Any person engaged in manufacturing, bottling, selling, or dealing in any beverage, including seltzer or mineral waters, or food in bottles, syphons, fountains, tanks, cases or boxes, with any name, mark or device on such bottles, syphons, fountains, tanks, cases or boxes, may file in the office of the clerk of the district court having jurisdiction over civil suits in the parish where the principal place of business of such person is situated a description of the name, mark, or device, and have the description printed once in each week for five weeks successively in a newspaper published in the English language in the parish in which the description has been filed.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:242. Unlawful use, cancellation or damage

RS 51:242 - Unlawful use, cancellation or damage
No person other than the one filing a name, mark or device under R.S. 51:241 shall fill with any liquid or substance of any kind, any bottle, syphon, fountain or tank so marked and distinguished, or deface, erase, or in any way cancel the name, mark or device on any bottle, syphon, fountain, tank, case or box so marked and distinguished, or buy, take, sell, give, or otherwise dispose of or traffic in, or use in any manner, or damage or destroy any such bottle, syphon, fountain, tank, case or bottle, or any part thereof, without the written consent of the person whose name, mark or device is thereon.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:243. Penalty; prima facie evidence

RS 51:243 - Penalty; prima facie evidence
Whoever violates the provisions of this Subpart shall be fined not less than fifty dollars nor more than five hundred dollars, or imprisoned for not more than thirty days, or both, for the first offense. For each subsequent offense the offender shall be fined not less than two hundred dollars nor more than one thousand dollars, or imprisoned for not less than thirty days nor more than six months, or both.
Possession of any bottles, syphon, fountain, tank, case or box with name, mark, or device, as aforesaid, or parts thereof, by any person engaged in the junk business or in the used or second hand bottle business, or by any person designated in R.S. 51:241, other than the one filing such name, mark or device, without the latter's written consent, shall be prima facie evidence of the violation of this Subpart. Possession of any bottle, syphon, fountain, tank, case or box, with such name, mark or device or parts thereof by any person, resulting from the purchase of the lawful contents of the bottle, syphon, fountain, tank, case or box, in the usual course of business is not prima facie evidence of a violation of this Subpart.
Where a firm violates the provisions of this Subpart each member shall be subject to the penalties prescribed in this Section and where a corporation violates the provisions of this Subpart each of its officers shall be subject to the penalties prescribed in this Section.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:281. Registration; condition precedent to licensing

RS 51:281 - Registration; condition precedent to licensing
No person shall transact any business under an assumed name or under any designation, name or style, corporate or otherwise, other than the real name of the individual conducting the business, unless such person files in the office of the register of conveyances in the city of New Orleans, or the clerk of court, as the case may be, of the parish or parishes in which the person conducts or intends to conduct the business, a certificate setting forth the name under which the business is to be conducted and the real full name of the person owning, conducting or transacting the business, with the post office address of such person. This certificate shall be executed and duly acknowledged before a notary public by the person conducting or intending to conduct the business. No sheriff and ex-officio tax collector or other person designated by law to collect and receipt for licenses shall issue any receipt to any person referred to in this Subpart, without having had presented to such collector a certificate from the register of conveyances in the city of New Orleans, or the clerk of court showing that such person has complied with the provisions of this Subpart.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:281.1. Assumed names; English; prohibitions

RS 51:281.1 - Assumed names; English; prohibitions
A name assumed to transact business, as provided in this Subpart, may be in any language; however, the name shall be expressed in English letters or characters for filing purposes. The assumed name shall not imply that the business is an administrative agency of any parish, of this state, or of the United States. No assumed name shall contain any words which deceptively or falsely suggest that the business is a corporate entity or shall contain any words required by law to be included in a corporate name.
Acts 1992, No. 108, §1.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:281.2. Assumed name restrictions

RS 51:281.2 - Assumed name restrictions
A. In addition to any other requirements of law for the registration and filing of a certificate of an assumed business name, no person shall transact any business under an assumed name which contains the name of any public park, playground, or other public facility without the written consent of the governing authority of the governmental entity which owns or operates the public park, playground, or public facility. If use of the name of a public park, playground, or other public facility is consented to by the governmental entity, such written consent shall be in the form of a contract for a fixed term, not to exceed ten years. Such contract may be renewed; however, no renewal shall exceed a term of ten years. At the expiration of such contract, the person, corporation, or organization shall have one hundred eighty days within which to either amend the assumed business name or obtain another renewal of the contract authorizing the continued use of the name.
B. In addition to the remedies otherwise provided by law, any governmental entity may enforce the provisions of this Section by a civil suit, including a suit to enjoin any violation hereof. Upon finding that a person, corporation, or organization has knowingly violated this Section, a court may award damages, including an award of all profits derived from the said violation, and may order the destruction of all items bearing the name, symbol, or other descriptive inscription in violation of this Section.
Acts 1997, No. 819, §2, eff. July 10, 1997.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:283. Corporation; partnership

RS 51:283 - Corporation; partnership
This Subpart does not apply to any corporation duly organized under the laws of Louisiana or lawfully doing business in Louisiana. This Subpart shall not prevent the lawful use of a partnership name or designation, if the partnership name or designation includes the real name of at least one of the persons transacting the business.
2023 Louisiana Laws › Revised Statutes › Title 51 - Trade and Commerce › §51:284. Penalty; fee for certificate needed to obtain license

RS 51:284 - Penalty; fee for certificate needed to obtain license
Whoever violates the provisions of this Subpart shall be fined not less than twenty-five dollars nor more than one hundred dollars, or imprisoned for not less than ten days nor more than sixty days, or both. Each day any person continues to conduct any business in violation of this Subpart, shall constitute a separate offense.
Any person authorized under law to issue licenses who issues a license without compliance with the provisions of R.S. 51:281 shall be punished as provided for under existing laws for such offense.