reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 332B — Debt Settlement Services › Section 332B.10 — Prohibitions.

332B.10 PROHIBITIONS.
No debt settlement services provider shall:
(1) engage in any activity, act, or omission prohibited under section 332A.14;
(2) promise, guarantee, or directly or indirectly imply, infer, or in any manner represent that any debt will be settled prior to the presentation to the debtor of an offer by the creditors participating in the debt settlement services plan to settle;
(3) misrepresent the timing of negotiations with creditors;
(4) imply, infer, or in any manner represent that:
(i) fees, interest, and other charges will not continue to accrue prior to the time debts are settled;
(ii) wages or bank accounts are not subject to garnishment;
(iii) creditors will not continue to contact the debtor;
(iv) the debtor is not subject to legal action; and
(v) the debtor will not be subject to tax consequences for the portion of any debts forgiven;
(5) execute a power of attorney or any other agreement, oral or written, express or implied, that extinguishes or limits the debtor's right at any time to contract or communicate with any creditor or the creditor's right at any time to communicate with the debtor;
(6) exercise or attempt to exercise a power of attorney after an individual has terminated an agreement;
(7) state, imply, infer, or, in any other manner, indicate that entering into a debt settlement services agreement or settling debts will either have no effect on, or improve, the debtor's credit, credit rating, and credit score;
(8) challenge a debt without the written consent of the debtor;
(9) make any false or misleading claim regarding a creditor's right to collect a debt;
(10) falsely represent that the debt settlement services provider can negotiate better settlement terms with a creditor than the debtor alone can negotiate;
(11) provide or offer to provide legal advice or legal services unless the person providing or offering to provide legal advice is licensed to practice law in the state;
(12) misrepresent that it is authorized or competent to furnish legal advice or perform legal services; and
(13) settle a debt or lead an individual to believe that a payment to a creditor is in settlement of a debt to the creditor unless, at the time of settlement, the individual receives a certification from the creditor that the payment is in full settlement of the debt.
History:
2009 c 37 art 4 s 27
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 332B — Debt Settlement Services › Section 332B.11 — Advertisement And Solicitation Of Debt Settlement Services.

332B.11 ADVERTISEMENT AND SOLICITATION OF DEBT SETTLEMENT SERVICES.
Subdivision 1.
Advertisement.
No debt settlement services provider or lead generator may:
(1) make any false, deceptive, or misleading statements or omissions about the rates, terms, or conditions of an actual or proposed debt settlement services plan, or create the likelihood of consumer confusion or misunderstanding regarding its services;
(2) represent that the debt settlement services provider is a nonprofit, not-for-profit, or has similar status or characteristics if some or all of the debt settlement services will be provided by a for-profit company that is a controlling or affiliated party to the debt settlement services provider;
(3) make any communication that gives the impression that the debt settlement services provider is acting on behalf of a government agency; or
(4) represent, claim, imply, or infer that secured debts may be settled.
Subd. 2.
Solicitation by lead generators.
(a) In all print, electronic, and nonprint solicitations, including websites and radio or television advertising, a lead generator must prominently make the following verbatim disclosure: "This company does not actually provide any debt settlement, debt consolidation, or other credit counseling services. We ONLY refer you to companies that want to provide some or all of those services."
(b) A lead generator may not, in any advertising or solicitation to debtors:
(1) represent that any service is guaranteed; or
(2) misrepresent the benefits of its services or debt settlement or consolidation in comparison to credit counseling, debt management, or bankruptcy.
History:
2009 c 37 art 4 s 28
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 332B — Debt Settlement Services › Section 332B.12 — Debt Settlement Services Agreement Rescission.

332B.12 DEBT SETTLEMENT SERVICES AGREEMENT RESCISSION.
Any debtor has the right to rescind any debt settlement services agreement with a debt settlement services provider that commits a material violation of this chapter. On rescission, all fees paid to the debt settlement services provider or any other person other than creditors of the debtor must be returned to the debtor entering into the debt settlement services agreement within ten days of rescission of the debt settlement services agreement.
History:
2009 c 37 art 4 s 29
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 332B — Debt Settlement Services › Section 332B.13 — Enforcement; Remedies.

332B.13 ENFORCEMENT; REMEDIES.
Subdivision 1.
Violation as deceptive practice.
A violation of any of the provisions of this chapter is considered an unfair or deceptive trade practice under section 8.31, subdivision 1. A private right of action under section 8.31 by an aggrieved debtor is in the public interest.
Subd. 2.
Private right of action.
(a) A debt settlement services provider who fails to comply with any of the provisions of this chapter, or a lead generator who violates section 332B.11, is liable under this section in an individual action for the sum of:
(1) actual, incidental, and consequential damages sustained by the debtor as a result of the failure; and
(2) statutory damages of up to $5,000.
(b) A debt settlement services provider who fails to comply with any of the provisions of this chapter, or a lead generator who violates section 332B.11, is liable to the named plaintiffs under this section in a class action for the amount that each named plaintiff could recover under paragraph (a), clause (1), and to the other class members for such amount as the court may allow.
(c) In determining the amount of statutory damages, the court shall consider, among other relevant factors:
(1) the frequency, nature, and persistence of noncompliance;
(2) the extent to which the noncompliance was intentional; and
(3) in the case of a class action, the number of debtors adversely affected.
(d) A plaintiff or class successful in a legal or equitable action under this section is entitled to the costs of the action, plus reasonable attorney fees.
Subd. 3.
Injunctive relief.
(a) A debtor may sue a debt settlement services provider for temporary or permanent injunctive or other appropriate equitable relief to prevent violations of any provision of this chapter. A court must grant injunctive relief on a showing that the debt settlement services provider has violated any provision of this chapter, or in the case of a temporary injunction, on a showing that the debtor is likely to prevail on allegations that the debt settlement services provider violated any provision of this chapter.
(b) A debtor may sue a lead generator for temporary or permanent injunctive or other appropriate equitable relief to prevent violations of section 332B.11. A court must grant injunctive relief on a showing that the lead generator has violated section 332B.11, or in the case of a temporary injunction, on a showing that the debtor is likely to prevail on allegations that the lead generator violated section 332B.11.
Subd. 4.
Remedies cumulative.
The remedies provided in this section are cumulative and do not restrict any remedy that is otherwise available. The provisions of this chapter are not exclusive and are in addition to any other requirements, rights, remedies, and penalties provided by law.
Subd. 5.
Public enforcement.
The attorney general shall enforce this chapter under section 8.31.
History:
2009 c 37 art 4 s 30
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 332B — Debt Settlement Services › Section 332B.14 — Investigations.

332B.14 INVESTIGATIONS.
At any reasonable time, the commissioner may examine the books and records of every registrant and of any person engaged in the business of providing debt settlement services. The commissioner, once during any calendar year, may require the submission of an audit prepared by a certified public accountant of the books and records of each registrant. If the registrant has, within one year previous to the commissioner's demand, had an audit prepared for some other purpose, this audit may be submitted to satisfy the requirement of this section. The commissioner may investigate any complaint concerning violations of this chapter and may require the attendance and sworn testimony of witnesses and the production of documents.
History:
2009 c 37 art 4 s 31
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.001 — Definitions.

333.001 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 333.001 to 333.06, the following terms shall have the meanings given, unless the context clearly indicates that a different meaning is intended.
Subd. 2.
Person.
"Person" means one or more natural persons; a limited liability company, whether domestic or foreign; a registered limited liability partnership, whether domestic or foreign; a partnership; a limited partnership; a corporation, including a foreign, domestic, or nonprofit corporation; a trust; or any other business organization.
Subd. 3.
True name.
"True name" means the true full name of the natural person, if a proprietorship; the true full name of each partner, if a partnership; the full corporate name as stated in its articles, if a corporation; the full name of the limited liability company as stated in its articles of organization or certificate of authority; the full name of the limited partnership, if a limited partnership; the full name of the registered limited liability partnership; the true full name of at least one trustee, if a trust; or the true full name of at least one beneficial owner, if any other form of business organization.
Subd. 4.
Address.
"Address" means the full residential address of each natural person, trustee or beneficial owner, limited liability company, whether domestic or foreign, registered limited liability partnership, whether domestic or foreign, or corporation, included in subdivision 3, and the address of the principal place in Minnesota where the business is conducted or transacted.
Subd. 5.
Executed.
"Executed" means signed.
Subd. 6.
Signed.
(a) "Signed" means that the signature of a person has been written on a document, as provided in section 645.44, subdivision 14, and, with respect to a document required by this chapter to be filed with the secretary of state, means that the document has been signed by a person authorized to do so by the organizational documents, bylaws, agreements, or by a resolution approved by the ultimately responsible managing entity for the business organization.
(b) A signature on a document may be a facsimile affixed, engraved, printed, placed, stamped with indelible ink, transmitted by facsimile or electronically, or in any other manner reproduced on the document.
Subd. 7.
Filed with the secretary of state.
"Filed with the secretary of state" means that a document meeting the applicable requirements of this chapter, signed and accompanied by the required filing fee, has been delivered to the secretary of state of this state. The secretary of state shall endorse on the document the word "Filed" and the month, day, and year of filing, record the document in the Office of the Secretary of State, and return a document to the person who delivered it for filing.
History:
1978 c 698 s 3; 1982 c 496 s 6,7; 1984 c 618 s 37,38; 1992 c 517 art 1 s 32; 1995 c 128 art 3 s 21; 1997 c 10 art 4 s 19-21
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.01 — Commercial Assumed Names.

333.01 COMMERCIAL ASSUMED NAMES.
Subdivision 1.
Certificate.
No person shall hereafter carry on or conduct or transact a commercial business in this state under any designation, name, or style, which does not set forth the true name of every person interested in such business unless such person shall file in the Office of the Secretary of State, a certificate setting forth the name and business address under which the business is conducted or transacted, or is to be conducted or transacted, and the true name of each person conducting or transacting the same, with the address of such person. The name of the business must not include any of the following phrases or their abbreviations: corporation, incorporated, limited, chartered, professional association, cooperative, limited partnership, limited liability company, professional limited liability company, limited liability partnership, or professional limited liability partnership, except to the extent that an entity filing a certificate would be authorized to use the phrase or abbreviation. The certificate shall be executed by one of the persons conducting, or intending to conduct, the business. The certificate shall be published after it has been filed with the secretary of state in a qualified newspaper in the county in which the person has a principal or registered office for two successive issues.
Subd. 2.
Intentional misrepresentation prohibited.
No person shall use an assumed or fictitious name in the conduct of its business to intentionally misrepresent its geographic origin or location.
History:
(7346) 1911 c 271 s 1; 1959 c 658 s 1; 1978 c 698 s 2; 1984 c 618 s 39; 1988 c 682 s 43; 1995 c 128 art 3 s 22; 1997 c 222 s 53; 1999 c 133 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.02 — Filing Of Certificate.

333.02 FILING OF CERTIFICATE.
Persons conducting or transacting any business under any designation, name, or style referred to in section 333.01 shall, before commencing such business, file such certificate and shall publish the certificate in the manner prescribed in section 333.01.
History:
(7347) 1911 c 271 s 2; 1959 c 658 s 2; 1984 c 618 s 40
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.035 — Amendment Of Certificate.

333.035 AMENDMENT OF CERTIFICATE.
Within 60 days after the occurrence of any event which makes any statement in the last previous certificate filed incorrect, an amended certificate shall be filed and the amended certificate shall be published by the person conducting the business in the same manner as provided by section 333.01. If the amendment is made only to comply with a change in the law that occurred since the previous date of filing, publication is not required.
History:
1978 c 698 s 4; 1984 c 618 s 41; 1997 c 137 s 14
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.04 — Secretary Of State; Duties, Fees.

333.04 SECRETARY OF STATE; DUTIES, FEES.
The secretary of state shall keep an alphabetical list of assumed names filed pursuant to section 333.01 after August 1, 1978, together with trademarks, service marks, certification marks or collective marks filed with the secretary of state and issued pursuant to sections 333.20 and 333.21, and for the indexing and filing of the certificates shall charge the applicant a fee prescribed by section 333.055. A copy of such certificate, duly certified to by the secretary of state, shall be presumptive evidence in all courts of law in this state of the facts therein contained.
History:
(7349) 1911 c 271 s 4; 1959 c 658 s 4; 1978 c 698 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.055 — Term Of Certificate.

333.055 TERM OF CERTIFICATE.
Subdivision 1.
Application and renewal.
Filing of a certificate hereunder shall be effective upon filing and shall remain in effect as long as an annual renewal for the certificate is filed in each calendar year following the calendar year in which the original filing was filed. The certificate expires in the calendar year following a calendar year in which the annual renewal was not filed. Notice of the annual renewal requirement must be provided to the person or entity submitting the certificate at the time of the original filing.
Assumed name certificates on file with the secretary of state on September 5, 2011, are exempt from the renewal requirements of this section until the expiration of the original ten-year term.
Subd. 2.
Reinstatement.
Any assumed name certificate that expires as a result of failing to file the annual renewal, and any assumed name certificate filed prior to September 5, 2011, that expires because of the expiration of the original or renewed ten-year term, may be reinstated by filing the annual renewal with the $25 reinstatement fee.
Subd. 2a.
Annual renewal; contents.
The annual renewal filed under subdivision 1 must include the assumed name and the address of the principal place of business.
Subd. 3.
Fees.
The secretary of state shall charge and collect a fee of $30 for each filing submitted with respect to an assumed name except for the annual renewal, for which no fee will be charged.
Subd. 4.
Secretary of state duties.
The secretary of state shall accept for filing all certificates and renewals thereof which comply with the provisions of sections 333.001 to 333.06 and which are accompanied by the prescribed fees, notwithstanding the fact that the assumed name disclosed therein may not be distinguishable from one or more other assumed names already filed with the secretary of state. The secretary of state shall not accept for filing a certificate that discloses an assumed name that is not distinguishable from a corporate, limited liability company, limited liability partnership, cooperative, or limited partnership name in use or reserved in this state by another or a trade or service mark registered with the secretary of state, unless there is filed with the certificate a written consent, court decree of prior right, or affidavit of nonuser of the kind required by section 302A.115, subdivision 1, clause (d). The secretary of state shall determine whether a name is distinguishable from another name for purposes of this subdivision.
History:
1978 c 698 s 6; 1980 c 396 s 1; 1980 c 509 s 129; 1981 c 270 s 137; 1983 c 301 s 190; 1984 c 618 s 42; 1987 c 404 s 173; 1988 c 682 s 44,45; 1989 c 292 s 17; 1989 c 335 art 1 s 210; 1995 c 128 art 3 s 23; 2002 c 311 art 4 s 4; 2009 c 101 art 2 s 85; 2013 c 110 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.06 — Pleading Failure To File Certificate; Costs.

333.06 PLEADING FAILURE TO FILE CERTIFICATE; COSTS.
If any person conducting a business contrary to the terms of sections 333.001 to 333.06 shall, prior to the filing of the certificate therein prescribed, commence a civil action, including an action to recover possession of real property in any court of this state on account of any contract made by, or transaction had on behalf of the business, the defendant may plead such failure in abatement of the action; and all proceedings had in the action shall thereupon be stayed until the certificate provided for by sections 333.001 to 333.06 is duly filed, and if the defendant prevails in the action, the defendant shall also be entitled to tax $250 costs, in addition to such other statutory costs as may be allowed by law, and, if the defendant does not prevail in the action, the defendant shall be entitled to deduct $250 from the judgment otherwise recoverable therein and if a judgment for money is not otherwise recoverable therein, the defendant shall be entitled to tax $250 costs. If such a person defends against a civil action, the plaintiff shall be entitled to tax $250 costs, regardless of which party prevails upon the merits.
History:
(7352) 1911 c 271 s 7; 1959 c 658 s 5; 1978 c 698 s 7; 1984 c 618 s 43; 1986 c 444; 1988 c 682 s 46
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.065 — Penalty For Violation.

333.065 PENALTY FOR VIOLATION.
A person who violates any provision of sections 333.01 to 333.06 is subject to the penalties and remedies provided in section 8.31.
The relief provided in this section is in addition to the remedies or penalties otherwise available.
History:
1997 c 222 s 54
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.07 — Lodges, Societies And The Like May Register.

333.07 LODGES, SOCIETIES AND THE LIKE MAY REGISTER.
Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the Constitution and laws of the United States or this state, may register, in the Office of the Secretary of State, a facsimile, duplicate, or description of its name, badge, motto, button, decoration, charm, emblem, rosette, or other insignia, and may, by reregistration, alter or cancel the same.
History:
(7352-1) 1933 c 295 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.08 — Application.

333.08 APPLICATION.
Application for such registration, alteration, or cancellation, shall be made by the chief officer or officers of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, upon blanks to be provided by the secretary of state; and such registration shall be for the use, benefit, and on behalf of all associations, degrees, branches, subordinate lodges, and auxiliaries of such association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, and the individual members and those thereafter to become members thereof, throughout this state.
History:
(7352-2) 1933 c 295 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.09 — Secretary Of State To Keep Record And Index.

333.09 SECRETARY OF STATE TO KEEP RECORD AND INDEX.
The secretary of state shall keep a properly indexed record of the registration provided for by sections 333.07 to 333.12, which record shall also show any altered or canceled registration.
History:
(7352-3) 1933 c 295 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.10 — Duplicates Not Registered.

333.10 DUPLICATES NOT REGISTERED.
No registration shall be granted or alteration permitted to any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, having a name, badge, motto, button, decoration, charm, emblem, rosette, or other insignia, similar to, imitating, or so nearly resembling as to be calculated to deceive, any other name, badge, button, decoration, charm, emblem, rosette, or other insignia, already registered pursuant to the provisions of sections 333.07 to 333.12.
History:
(7352-4) 1933 c 295 s 4
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.11 — Issuance Of Certificates.

333.11 ISSUANCE OF CERTIFICATES.
Upon granting registration the secretary of state shall issue a certificate to the petitioners, setting forth the fact of such registration.
History:
(7352-5) 1933 c 295 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.12 — Fees.

333.12 FEES.
The fees of the secretary of state for registration, alteration, cancellation, searches made, and certificates issued, pursuant to sections 333.07 to 333.11, shall be $10. The fees so collected shall be paid by the secretary of state into the state treasury.
History:
(7352-7) 1933 c 295 s 7; 1955 c 820 s 36; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.13 — Violations; Penalties.

333.13 VIOLATIONS; PENALTIES.
Any person who willfully wears, exhibits, displays, prints or uses, for any purpose, the badge, motto, button, decoration, charm, emblem, rosette, or other insignia of any association or organization mentioned in section 333.07, duly registered, unless entitled to use and wear the same under the constitution and bylaws, rules, and regulations of the association or organization, is guilty of a misdemeanor; and upon conviction shall be punished by a fine of not exceeding $100 and in default of payment committed to jail for a period of not to exceed 60 days.
History:
(7351, 7352-6) 1911 c 271 s 6; 1933 c 295 s 6; 1980 c 396 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.135 — Improper Use Of Insignia.

333.135 IMPROPER USE OF INSIGNIA.
Every person who shall willfully wear the insignia or rosette of the Military Order of the Loyal Legion of the United States, or the badge or button of the American Legion, the Veterans of Foreign Wars, the Disabled American Veterans of the World War, or of any other veterans' organization, or any similitude thereof; or who shall willfully wear any badge, emblem, or insignia pertaining to the order of Masons, Odd Fellows, Knights of Pythias, or any other secret order or society, or any similitude thereof; or who shall use any such badge, button, or insignia to obtain aid or assistance, or who shall use the name of any such order or society for gain, unless entitled to so use the same under the constitution, bylaws, rules, and regulations of such order, is guilty of a misdemeanor.
History:
(10462) RL s 5167; 1921 c 235 s 1; 1927 c 397; 1986 c 444; 1990 c 426 art 1 s 38; 2005 c 10 art 3 s 19
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.14 — Unauthorized Use Is A Crime.

333.14 UNAUTHORIZED USE IS A CRIME.
Any person, firm, copartnership, association, society, or corporation, except as authorized by Minneapolis Aquatennial Association, who shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or use in any manner the name and mark "Aquatennial" of the Minneapolis Aquatennial Association or any other name or mark so nearly resembling the name and mark "Aquatennial" as to be calculated to deceive the public with respect to the corporation, or who, except as authorized by the corporation, shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or use in any manner any other name, mark, emblem, insignia or badge, designation, or distinguishing descriptive word or phrase used by the Minneapolis Aquatennial Association in carrying out its purpose or any name, mark, emblem, insignia or badge, designation, or distinguishing descriptive word or phrase confusingly similar thereto, calculated to deceive the public with respect to the corporation, or who, except as authorized by the corporation, shall, with intent to acquire or obtain for personal or business purposes a benefit or advantage, assume, adopt or use the corporate name of the corporation, or a name so nearly resembling it as to be calculated to deceive the public with respect to the corporation, shall be guilty of a misdemeanor.
History:
1941 c 202 s 1
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.15 — Threatened Use May Be Restrained.

333.15 THREATENED USE MAY BE RESTRAINED.
When there shall be an actual or threatened violation of section 333.14, an application may be made to a court or justice having jurisdiction to issue an injunction, upon notice to the defendant of not less than five days, for an injunction to enjoin and restrain the actual or threatened violation; and if it shall appear to the satisfaction of the court or justice that the defendant is in fact so using or threatening to use the name and mark "AQUATENNIAL" or any other name or mark confusingly similar thereto, or any other name, mark, emblem, insignia, or badge, designation, or distinguishing descriptive word or phrase used by the corporation in carrying out its purposes or confusingly similar to any such other name, mark, emblem, insignia or badge, designation, or distinguishing descriptive word or phrase used by the corporation in carrying out its purposes, or the corporate name of the corporation or a confusingly similar name, an injunction may be issued by the court or justice enjoining and restraining such actual or threatened violation without requiring proof that any person has in fact been misled or deceived thereby.
History:
1941 c 202 s 2
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.16 — Vested Rights Not Affected.

333.16 VESTED RIGHTS NOT AFFECTED.
The provisions of sections 333.14 and 333.15 shall not be deemed or construed to divest, interfere, affect, or conflict with any established or vested right or prohibit the use thereof.
History:
1941 c 202 s 3
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.20 — Application.

333.20 APPLICATION.
Subdivision 1.
Authorization and contents.
Subject to the limitations set forth in sections 333.18 to 333.31, any person who adopts and uses a trademark or a service mark in this state may file in the Office of the Secretary of State an application for registration of that mark setting forth the following information:
(1) the name and business address of the person applying for such registration; and, if a business entity, the state of registration;
(2) the goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services and the class in which the goods or services fall;
(3) a description of the mark;
(4) the date when the mark was first used in this state by the applicant or a predecessor in interest; and
(5) the applicant's statement of belief that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor and the mark is in use.
Subd. 2.
Signing and verification.
The application shall be signed as provided in section 645.44, subdivision 14, and verified by the individual applicant or, for business entity applicants, by a person with authority to sign on behalf of the business entity.
Subd. 3.
Specimen or facsimile of mark.
The application shall be accompanied by a single specimen or facsimile of such mark.
Subd. 4.
Filing fee.
The application for registration shall be accompanied by a filing fee of $50, payable to the secretary of state.
History:
1959 c 600 s 3; 1969 c 1148 s 63; 1983 c 301 s 191; 1986 c 444; 1988 c 682 s 47; 1989 c 335 art 1 s 211; 1992 c 517 art 1 s 34; 1993 c 48 s 8; 1993 c 369 s 116; 1998 c 315 s 3,4; 2010 c 250 art 2 s 29
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.21 — Certificate Of Registration.

333.21 CERTIFICATE OF REGISTRATION.
Subdivision 1.
Issuance.
Upon a finding by the secretary of state that the mark and application for registration comply with the requirements of sections 333.18 to 333.31, and that the class indicated, if any, in which the mark is to be registered is not clearly incorrect, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and shall show the registrant's name, the date claimed for the first use of the mark in this state, the class of goods or services, and the registration date.
Subd. 2.
Evidentiary effect.
Any certificate of registration issued by the secretary of state or a copy duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of the mark, in any action or judicial proceedings in any court of this state and shall be prima facie evidence of registrant's ownership and exclusive right to use the mark on or in connection with the goods or services described in the certificate.
History:
1959 c 600 s 4; 1984 c 618 s 45; 1986 c 444; 1992 c 517 art 1 s 35; 1995 c 128 art 3 s 24; 1998 c 315 s 5
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.22 — Term Of Registration.

333.22 TERM OF REGISTRATION.
Subdivision 1.
Application and renewal.
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 or a renewal thereof, the registration may be renewed for additional ten-year terms provided that the mark is in use by the applicant at the time of the application for renewal and that there are no intervening rights. A renewal fee of $25 payable to the secretary of state shall accompany the application for renewal of the registration.
Subd. 2.
Renewal notice.
The secretary of state shall notify each registrant of a mark hereunder of the necessity of renewal thereof approximately six months prior to the registration's expiration date.
Subd. 3.
Existing registrations; terms.
Any registration in force on the date on which Laws 1959, chapter 600 shall become effective, shall expire two years after and may be renewed by filing an application with the secretary of state and paying the aforementioned renewal fee therefor within six months prior to the expiration of the registration provided the mark is in use at the time of application for renewal and there are no intervening rights.
Subd. 4.
Existing registrations; expiration notice.
The secretary of state shall, within six months after the date on which Laws 1959, chapter 600, shall become effective notify all registrants of trademarks under previous acts of the date of expiration of such registrations, unless renewed in accordance with the provisions of sections 333.18 to 333.31, by writing to the last known address of the registrants.
History:
1959 c 600 s 5; 1969 c 1148 s 64; 1986 c 444; 1988 c 682 s 48; 1989 c 335 art 1 s 212; 1993 c 369 s 117; 2010 c 250 art 2 s 30,31; 2013 c 110 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.23 — Conveyances Of Marks; Recordation, Fee, Necessity.

333.23 CONVEYANCES OF MARKS; RECORDATION, FEE, NECESSITY.
The secretary of state shall record written conveyances of any mark along with that part of the goodwill of the business in connection with which the mark is used, and of the corresponding application or registration which is presented for recording along with a payment of a fee of $15 and 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. An assignment of any registration under sections 333.18 to 333.31 shall be void as against any subsequent purchaser for valuable consideration without notice unless it is filed with the secretary of state within three months after the date of the assignment or before the subsequent purchase.
History:
1959 c 600 s 6; 1969 c 1148 s 65; 1986 c 444; 1988 c 682 s 49; 1989 c 335 art 1 s 213; 1998 c 315 s 6
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.24 — Secretary Of State's Record Of Marks.

333.24 SECRETARY OF STATE'S RECORD OF MARKS.
The secretary of state shall keep for public examination a record of all marks filed or renewed under sections 333.18 to 333.31 according to the classification set forth in sections 333.18 to 333.31. The record of registration is constructive notice of registrant's claim of ownership of the mark registered.
History:
1959 c 600 s 7; 1998 c 315 s 7
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.25 — Cancellation Of Marks.

333.25 CANCELLATION OF MARKS.
Subdivision 1.
Secretary of state's authority.
The secretary of state shall cancel from the register:
(1) after two years from the effective date of Laws 1959, chapter 600, all registrations under prior acts which are not renewed according to sections 333.18 to 333.31;
(2) any registration concerning which the secretary of state shall receive a voluntary request for cancellation from the registrant;
(3) all registrations filed under sections 333.18 to 333.31 and not renewed according to its provisions;
(4) in compliance with an order of a district court, any registration concerning which the court shall find that:
(i) the registered mark has been abandoned;
(ii) the registrant is not the owner of the mark;
(iii) the registration was filed improperly;
(iv) the registration was obtained fraudulently;
(v) 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
(vi) 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 previously in this state or in the United States Patent and Trademark Office, before the date of the filing of the application for registration by the registrant under sections 333.18 to 333.31, and not abandoned; provided, however, that should the registrant prove that the registrant is the prior user of the mark or the owner of a concurrent registration of the mark in the United States Patent and Trademark Office covering an area including this state, the registration shall not be canceled; or
(5) a registration when a district court shall order cancellation of the registration on any ground.
Subd. 2.
Exception.
No registration shall be canceled after the mark has had substantially exclusive and continuous use by the registrant for five years following the registration of the mark except for the reasons set forth in subdivision 1, clauses (1), (2), and (3) and clause (4), items (i), (ii), and (iv), or unless a mark has been registered in this state before use of registrant's mark or a mark has been registered in the United States Patent and Trademark Office with the publication date of it before the date of use of registrant's mark, which marks when used on or in connection with the goods or services of the respective registrants would be likely to cause confusion, mistake, or deception, or unless the mark is the common descriptive name of any article, substance, or service.
History:
1959 c 600 s 8; 1986 c 444; 1998 c 315 s 8
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.26 — Must Use U.s. Patent And Trademark Office System.

333.26 MUST USE U.S. PATENT AND TRADEMARK OFFICE SYSTEM.
For convenience of administration of sections 333.18 to 333.31, but not to limit or extend the applicant's or registrant's rights, the secretary of state shall adopt the classification system in effect in the United States Patent and Trademark Office, and shall revise this classification system to conform with the United States Patent and Trademark Office system as and if changes are made in that system. A single application for registration of a mark may include any or all goods 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 service with which the mark is being used which fall within different classes.
History:
1959 c 600 s 9; 1998 c 315 s 9
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.27 — Improper Registration; Liability.

333.27 IMPROPER REGISTRATION; LIABILITY.
Persons who shall for themselves, 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 district court.
History:
1959 c 600 s 10; 1986 c 444
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.28 — Identical Or Similar Marks; Liability For Misuse.

333.28 IDENTICAL OR SIMILAR MARKS; LIABILITY FOR MISUSE.
Subject to the provisions of section 333.30 any person who shall (a) use without the consent of the registrant any mark on or in connection with rendering of services, selling, offering for sale, or advertising of any goods or services, which mark is identical to or so similar to the registered mark as to be likely to cause confusion or mistake on the part of a purchaser of the goods or services or to deceive such a purchaser as to the source or origin of the goods or services; or (b) reproduce, counterfeit, copy or colorably imitate any such mark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in conjunction with the sale or other distribution of such goods or the sale or rendering of services: shall be liable to a civil action by the owner of such registered mark for any or all of the remedies provided in section 333.29, 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.
History:
1959 c 600 s 11
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.285 — Dilution Of Distinctive Famous Mark May Be Enjoined.

333.285 DILUTION OF DISTINCTIVE FAMOUS MARK MAY BE ENJOINED.
(a) The owner of a mark that is famous in this state may, subject to the principles of equity and upon terms the court considers reasonable: seek an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become famous and causes dilution of the distinctive quality of the mark; and obtain other relief as 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 is 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 willful intent is proven, the owner is entitled to the remedies in this chapter, subject to the discretion of the court and the principles of equity.
(c) The following are not 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:
1998 c 315 s 10
2023 Minnesota Statutes › Chapters 324 - 342 — Trade Regulations, Consumer Protection › Chapter 333 — Assumed Names, Insignia, And Marks › Section 333.29 — Remedies.

333.29 REMEDIES.
Subdivision 1.
Injunctive relief; money judgment.
An owner of a mark registered under sections 333.18 to 333.31 may bring an action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and a court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as the court considers just and reasonable. The court may require the defendants to pay to the owner either or both of the following: (1) all profits derived from the wrongful manufacture, use, display, or sale; or (2) all damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may also order that counterfeits or imitations in the possession or under the control of a defendant be delivered to an officer of the court, or to the complainant, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the profits and damages and reasonable attorneys' fees of the prevailing party if the court finds the other party committed the wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
Subd. 2.
Other penal law.
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
History:
1959 c 600 s 12; 1998 c 315 s 11