reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-213. Voluntary cancellation of registration of assumed business name

30-13-213. Voluntary cancellation of registration of assumed business name.
(1) When the registrant of record of a registered assumed business name wishes to cancel the registration, the registrant shall deliver to the secretary of state a cancellation of registration of an assumed business name form, which must include but not be limited to the following information:
(a) the complete registered assumed business name to be canceled; and
(b) the name and business mailing address of the registrant of record.
(2) If the secretary of state finds the form complies with the provisions of this section, the secretary of state shall file it and deliver a letter acknowledging cancellation of the filing to the registrant of record.
History: En Sec. 13, Ch. 260, L. 1979; amd. Sec. 5, Ch. 449, L. 1995; amd. Sec. 4, Ch. 26, L. 2011; amd. Sec. 2, Ch. 23, L. 2017.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-214. Cancellation of registration of assumed business name upon dissolution of domestic corporation -- withdrawal or revocation of foreign corporation's authority to transact business

30-13-214. Cancellation of registration of assumed business name upon dissolution of domestic corporation -- withdrawal or revocation of foreign corporation's authority to transact business.
(1) If the only party of interest of an assumed business name is a domestic corporation which has been dissolved, the secretary of state shall cancel the registration.
(2) If the only party of interest of an assumed business name is a foreign corporation whose authority to transact business in this state has been withdrawn or revoked, the secretary of state shall cancel the registration.
History: En Sec. 14, Ch. 260, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-215. Effect of transacting business without certificate

30-13-215. Effect of transacting business without certificate.
No person or persons conducting or transacting business in this state without an effective certificate of registration of an assumed business name or having any interest therein may maintain any suit or action in any of the courts of this state under such name.
History: En Sec. 15, Ch. 260, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-216. Evidentiary effect of certificates and documents of secretary of state

30-13-216. Evidentiary effect of certificates and documents of secretary of state.
All certificates issued by the secretary of state in accordance with the provisions of this part and all copies of documents filed in the secretary of state's office in accordance with the provisions of this part when certified by the secretary of state must be taken and received in all courts, public offices, and official bodies as prima facie evidence of the facts stated in the certificate or document.
History: En Sec. 16, Ch. 260, L. 1979; amd. Sec. 952, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-217. Fees and charges to be established and collected by secretary of state

30-13-217. Fees and charges to be established and collected by secretary of state.
(1) The secretary of state shall establish, charge, collect, and deposit, in accordance with 2-15-405:
(a) fees for filing documents and issuing certificates pursuant to this part; and
(b) miscellaneous charges for other services provided by the secretary of state pursuant to this part.
(2) Fees and charges may be paid by credit card and may be discounted for payment processing charges paid by the secretary of state to a third party.
History: En Sec. 17, Ch. 260, L. 1979; amd. Sec. 3, Ch. 119, L. 1985; amd. Sec. 6, Ch. 449, L. 1995; amd. Sec. 8, Ch. 366, L. 1997; amd. Sec. 15, Ch. 396, L. 2001; amd. Sec. 5, Ch. 26, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-218. Execution constituting affirmation -- penalty -- warning

30-13-218. Execution constituting affirmation -- penalty -- warning.
(1) The execution of any document required to be filed with the secretary of state under this part constitutes an affirmation, under the penalties of false swearing, by each person executing the document that the facts stated in the document are true.
(2) The secretary of state shall provide for the printing of a warning to this effect on each form prescribed by the secretary of state under this part.
History: En. Sec. 1, Ch. 174, L. 1983; amd. Sec. 953, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-219. Political party central committee assumed business name

30-13-219. Political party central committee assumed business name.
Only a city, county, or state central committee of a political party may register an assumed business name on behalf of the central committee. The secretary of state may not accept an application for an assumed business name of a city, county, or state central committee of a political party unless it is accompanied by a resolution of the relevant central committee attesting that it is the entity applying for an assumed business name.
History: En. Sec. 4, Ch. 198, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 2. Assumed Business Names › 30-13-221. Filing of facsimile copy

30-13-221. Filing of facsimile copy.
(1) The secretary of state may treat a facsimile copy of a document that is required to be filed under this part and the signatures on the facsimile copy in the same manner as an original for purposes of this part. If all other requirements are met, the date of filing relates back to the date of receipt of the facsimile copy.
(2) A person who files a false document by facsimile copy is liable to the party aggrieved for three times the amount of damages resulting from the filing of the false document.
History: En. Sec. 4, Ch. 273, L. 1989; amd. Sec. 3, Ch. 290, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-302. Repealed

30-13-302. Repealed.
Sec. 16, Ch. 257, L. 2003.
History: En. Sec. 2, Ch. 429, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-303. Registrability

30-13-303. Registrability.
(1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others may not be registered if it:
(a) consists of or comprises immoral, deceptive, or scandalous matter;
(b) consists of or comprises matter that may disparage or falsely suggest a connection with persons, living or dead, or institutions, beliefs, or national symbols or bring them into contempt or disrepute;
(c) consists of or comprises the flag or coat of arms or other insignia of the United States, of any state or municipality, or of any foreign nation or any simulation of the flag or coat of arms of any of the enumerated entities;
(d) consists of or comprises the name, signature, or portrait of any living individual, except with the individual's written consent;
(e) consists of a mark that:
(i) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(ii) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them; or
(iii) is primarily merely a surname; or
(f) consists of or comprises a mark that 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.
(2) Subsection (1)(e) does not prevent the registration of a mark used in this state by the applicant that 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 used on or in connection with the applicant's goods or services, proof of continuous use of the mark or service mark as a mark by the applicant in this state or elsewhere for the 5 years before the date on which the claim of distinctiveness is made.
History: En. Sec. 3, Ch. 429, L. 1979; amd. Sec. 2, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-310. Filing of applications

30-13-310. Filing of applications.
(1) Upon the filing of an application for registration and payment of the application fee, the secretary of state may cause the application to be examined for conformity with this part.
(2) The applicant shall provide any additional pertinent information requested by the secretary of state, including a description of a design mark, and may make or authorize the secretary of state to make amendments to the application that may be reasonably requested by the secretary of state or considered by the applicant to be advisable to respond to any rejection or objection.
(3) The secretary of state may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. A disclaimer may not prejudice or affect the applicant's or registrant's rights then existing or later arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or has become distinctive of the applicant's or registrant's goods or services.
(4) Amendments may be made by the secretary of state upon the application submitted by the applicant upon the applicant's agreement, or the secretary of state may require that a new application be submitted.
(5) If the applicant is found not to be entitled to registration, the secretary of state shall advise the applicant of that finding and of the reasons for the finding. The applicant must have a reasonable period of time, specified by the secretary of state, in which to reply or to amend the application. In the event of a reply or amended application, the application must be reexamined. This procedure may be repeated until:
(a) the secretary of state finally refuses registration of the mark; or
(b) the applicant fails to reply or amend the application within the specified period, in which case the application is considered abandoned.
(6) If the secretary of state finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel registration. The writ may be granted, but without costs to the secretary of state, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(7) If applications are concurrently being processed by the secretary of state seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary of state shall grant priority to the applications in order of filing. If a prior application is granted a registration, the other application or applications must be rejected. A rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark in accordance with the provisions of 30-13-318.
History: En. Sec. 4, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-311. Application for registration

30-13-311. Application for registration.
(1) Subject to the limitations set forth in this part, a person who uses a mark may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth information including but not limited to the following:
(a) the name and business address of the person applying for registration and:
(i) if a corporation, the state of incorporation;
(ii) if a limited liability company, the state of organization;
(iii) if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state;
(b) the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with the goods or services and the class in which the goods or services fall;
(c) the date when the mark was first used anywhere and the date when it was first used in this state by the applicant or a predecessor in business; and
(d) a statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered the mark, either federally or in this state, or has the right to use the mark either in the identical form or in a form that so nearly resembles the mark as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to deceive.
(2) The secretary of state may require a statement as to whether an application to register the mark or portions or a composite of the mark has been filed by the applicant or a predecessor in interest in the United States patent and trademark office. If an application has been filed, the applicant shall provide complete information with respect to that filing, including the filing date and serial number of each application, the status of each application, and if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for nonregistration.
(3) The secretary of state may require that a drawing of the mark, complying with requirements that the secretary of state may specify, accompany the application.
(4) The application must be signed and verified by the applicant or a member of the firm or limited liability company or an officer of the corporation or association applying.
(5) The application must be accompanied by three specimens showing the mark as actually used.
(6) The application for registration must be accompanied by a filing fee as provided for in 30-13-320.
History: En. Sec. 4, Ch. 429, L. 1979; amd. Sec. 6, Ch. 131, L. 1983; amd. Sec. 6, Ch. 174, L. 1983; amd. Sec. 4, Ch. 119, L. 1985; amd. Sec. 82, Ch. 120, L. 1993; amd. Sec. 3, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-312. Certificate of registration

30-13-312. Certificate of registration.
(1) Upon compliance by the applicant with the requirements of this part, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration must be issued under the signature of the secretary of state and the seal of the state. The certificate must show:
(a) the name and business address of the person claiming ownership of the mark and, if a corporation, the state of incorporation or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state;
(b) the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state;
(c) the class of goods or services and a description of the goods or services on or in connection with which the mark is used;
(d) a reproduction of the mark; and
(e) the registration date and the term of the registration.
(2) Any certificate of registration issued by the secretary of state under the provisions of this section or a copy of the certificate duly certified by the secretary of state is admissible in evidence as competent and sufficient proof of the registration of the mark in any judicial proceeding in any court of this state.
History: En. Sec. 5, Ch. 429, L. 1979; amd. Sec. 7, Ch. 131, L. 1983; amd. Sec. 5, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-313. Duration and renewal

30-13-313. Duration and renewal.
(1) Registration of a mark under this part is effective for a term of 5 years from the date of registration, and upon application filed within 6 months prior to the expiration of that term, in a manner complying with the requirements of the secretary of state, the registration may be renewed for another 5 years.
(2) The application for renewal of mark registration must be accompanied by a filing fee as provided for in 30-13-320.
(3) A registration may be renewed for successive periods of 5 years as provided in subsection (1).
(4) Any registration in force on July 1, 2003, continues in full force and effect for the unexpired term of the registration and may be renewed by filing an application for renewal with the secretary of state complying with the requirements of the secretary of state and paying the renewal fee within 6 months prior to the expiration of the registration.
(5) All applications for renewal under this part must include a verified statement that the mark has been and is still in use, a specimen showing actual use of the mark on or in connection with the goods or services, and the following information:
(a) the original identification number assigned by the secretary of state;
(b) the name subscribed for the mark;
(c) the name and business mailing address of the person claiming ownership of the mark;
(d) if a corporation, the state of incorporation or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state; and
(e) the class of goods or services and a description of the goods or services on or in connection with which the mark is used.
History: En. Sec. 6, Ch. 429, L. 1979; amd. Sec. 7, Ch. 174, L. 1983; amd. Sec. 5, Ch. 119, L. 1985; amd. Sec. 6, Ch. 257, L. 2003; amd. Sec. 6, Ch. 26, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-314. Repealed

30-13-314. Repealed.
Sec. 16, Ch. 257, L. 2003.
History: En. Sec. 7, Ch. 429, L. 1979; amd. Sec. 8, Ch. 131, L. 1983.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-315. Assignment -- change of name -- other instruments

30-13-315. Assignment -- change of name -- other instruments.
(1) Any mark and its registration under this part may be assigned in conjunction with the good will of the business in which the mark is used or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must be by written, duly executed instruments and may be recorded with the secretary of state upon the payment of the recording fee payable to the secretary of state. Upon recording the assignment, the secretary of state shall issue a new certificate in the name of the assignee for the remainder of the term of the current registration. An assignment of any registration under this part is void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within 3 months after the date of the assignment or prior to the subsequent purchase.
(2) Any applicant or registrant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the applicant or registrant with the secretary of state upon the payment of the recording fee. The secretary of state may issue in the name of the assignee a certificate of registration of an assigned application. The secretary of state may issue, in the name of the assignee, a new certificate of registration for the remainder of the term of the registration or last renewal of the registration.
(3) Other instruments that relate to a mark registered or an application pending pursuant to this part, such as licenses, security interests, or mortgages, may be recorded at the discretion of the secretary of state if the instrument is in writing and is duly executed.
(4) An acknowledgment is prima facie evidence of the execution of an assignment or other instrument, and when recorded by the secretary of state, the record is prima facie evidence of execution.
(5) A photocopy of any instrument referred to in subsections (1) through (3) must be accepted for recording if it is certified by any of the parties to the instrument or their successors to be a true and correct copy of the original.
History: En. Sec. 8, Ch. 429, L. 1979; amd. Sec. 9, Ch. 131, L. 1983; amd. Sec. 6, Ch. 119, L. 1985; amd. Sec. 7, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-316. Repealed

30-13-316. Repealed.
Sec. 16, Ch. 257, L. 2003.
History: En. Sec. 9, Ch. 429, L. 1979; amd. Sec. 10, Ch. 131, L. 1983.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-317. Records

30-13-317. Records.
The secretary of state shall keep for public examination a record of all marks registered or renewed under this part as well as a record of all documents recorded pursuant to 30-13-315.
History: En. Sec. 10, Ch. 429, L. 1979; amd. Sec. 8, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-318. Cancellation

30-13-318. Cancellation.
The secretary of state shall cancel from the register, in whole or in part:
(1) any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record;
(2) each registration granted under this part and not renewed in accordance with the provisions of this part;
(3) any registration concerning which a court of competent jurisdiction finds that:
(a) the registered mark has been abandoned;
(b) the registrant is not the owner of the mark;
(c) the registration was granted improperly;
(d) the registration was obtained fraudulently;
(e) 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;
(f) the registered mark is so similar to a mark currently registered by another person in the United States patent and trademark office prior to the filing date of the application for registration under this part as to be likely to cause confusion or mistake or to deceive. However, if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States patent and trademark office covering an area including this state, the registration under this part may not be canceled.
(4) a registration that is ordered to be canceled by a court of competent jurisdiction on any grounds.
History: En. Sec. 11, Ch. 429, L. 1979; amd. Sec. 8, Ch. 174, L. 1983; amd. Sec. 9, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-319. Repealed

30-13-319. Repealed.
Sec. 16, Ch. 257, L. 2003.
History: En. Sec. 5, Ch. 174, L. 1983.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-320. Secretary of state to establish and collect fees

30-13-320. Secretary of state to establish and collect fees.
The secretary of state shall provide for collection of fees and miscellaneous charges, set and deposited in accordance with 2-15-405, for filing documents and issuing certificates as required by this part.
History: En. Sec. 1, Ch. 119, L. 1985; amd. Sec. 16, Ch. 396, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-331. Classification

30-13-331. Classification.
The secretary of state shall adopt rules establishing a classification of goods and services for convenience of administration of this part. The classification does not limit or extend the applicant's or registrant's rights. A single application for registration of a mark may include any or all goods upon which or services with which the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services that fall within multiple classes, the secretary of state may require payment of a fee for each class. To the extent practical, the classification of goods and services must conform to the classification adopted by the United States patent and trademark office.
History: En. Sec. 12, Ch. 429, L. 1979; amd. Sec. 10, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-332. Fraudulent registration

30-13-332. Fraudulent registration.
Any person who, for the person's own sake or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary of state under the provisions of this part by knowingly making any false or fraudulent representation or declaration, verbally or in writing or by any other fraudulent means, is liable to pay all damages sustained in consequence of the filing or registration. Damages may be recovered by or on behalf of the injured party in any court of competent jurisdiction.
History: En. Sec. 13, Ch. 429, L. 1979; amd. Sec. 11, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-333. Infringement

30-13-333. Infringement.
(1) In addition to the penalties and remedies provided for in 30-13-338 and subject to the provisions of 30-13-336 and subsection (2) of this section, a person is liable in a civil action brought by the registrant under 30-13-335 if the person:
(a) uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which the use is likely to cause confusion or mistake or to deceive as to the source of origin of the goods or services; or
(b) reproduces, counterfeits, copies, or colorably imitates any registered mark and applies the 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 the goods or services.
(2) However, the registrant is not entitled to recover under subsection (1)(b) any profits or damages unless the acts have been committed with knowledge that the mark is intended to be used to cause confusion or mistake or to deceive.
History: En. Sec. 14, Ch. 429, L. 1979; amd. Sec. 12, Ch. 257, L. 2003; amd. Sec. 3, Ch. 177, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-334. Injury to business reputation -- dilution

30-13-334. Injury to business reputation -- dilution.
(1) The owner of a mark that is famous in this state is entitled, subject to the principles of equity and upon terms that seem reasonable to the court, to 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 may obtain other relief as provided in this section.
(2) In determining whether a mark is distinctive and famous, a court may consider factors including but not limited to:
(a) the degree of inherent or acquired distinctiveness of the mark in this state;
(b) the duration and extent of use of the mark in connection with the goods and services with which the mark is used;
(c) the duration and extent of advertising and publicity of the mark in this state;
(d) the geographical extent of the trading area in which the mark is used;
(e) the channels of trade for the goods or services with which the mark is used;
(f) 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;
(g) the nature and extent of use of the same or similar mark by third parties; and
(h) whether the mark is the subject of a 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.
(3) 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 a willful intent is proven, the owner is also entitled to the remedies set forth in this part, subject to the discretion of the court and the principles of equity.
(4) The following are not actionable under this section:
(a) 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;
(b) noncommercial use of the mark; or
(c) all forms of news reporting and news commentary.
History: En. Sec. 15, Ch. 429, L. 1979; amd. Sec. 13, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-335. Remedies

30-13-335. Remedies.
(1) An owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. Any court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as is considered by the court to be just and reasonable. The court may require the defendants to pay to the owner all profits derived from and all damages suffered by reason of the wrongful manufacture, use, display, or sale. The court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court or to the complainant to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the profits and damages and reasonable attorney fees of the prevailing party in cases in which the court finds that the other party committed the wrongful acts with knowledge, in bad faith, or otherwise as according to the circumstances of the case.
(2) The enumeration in this part of any right or remedy does not affect a registrant's right to prosecute under any criminal law of this state.
History: En. Sec. 16, Ch. 429, L. 1979; amd. Sec. 14, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-336. Common-law rights

30-13-336. Common-law rights.
Nothing in this part adversely affects the rights or the enforcement of rights in marks acquired at common law in good faith at any time.
History: En. Sec. 17, Ch. 429, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-337. Forum for actions regarding registration -- service on out-of-state registrants

30-13-337. Forum for actions regarding registration -- service on out-of-state registrants.
(1) Actions to require cancellation of a mark registered pursuant to this part or in mandamus to compel registration of a mark pursuant to this part must be brought in district court. In an action in mandamus, the proceeding must be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state may not be made a party to the proceeding but must be notified of the filing of the complaint by the clerk of the court in which the action is filed and must be given the right to intervene in the action.
(2) In any action brought against a nonresident registrant, service may be effected upon the secretary of state as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure.
History: En. Sec. 15, Ch. 257, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-338. Trademark counterfeiting -- presumption -- penalties -- restitution -- forfeiture

30-13-338. Trademark counterfeiting -- presumption -- penalties -- restitution -- forfeiture.
(1) (a) A person commits the offense of trademark counterfeiting if the person knowingly manufactures, distributes, transports, offers for sale, sells, or possesses with intent to sell or distribute any goods, services, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, packaging, or any other components of any type or nature that are designed, marketed, or otherwise intended to be used on or in connection with any goods or services bearing a counterfeit mark.
(b) A person having possession, custody, or control of more than 25 items of goods, labels, patches, fabric, stickers, wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags, documentation, packaging, or any other components of any type or nature bearing a counterfeit mark must be presumed to possess the items with intent to offer for sale, sell, or distribute the items.
(2) (a) A person convicted of the offense of trademark counterfeiting shall be fined an amount not to exceed $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both, if the offense involves less than 100 items bearing one or more counterfeit marks or the total retail value is less than $1,000. A person convicted of a second offense shall be fined $1,000 or be imprisoned in the county jail for a term not to exceed 6 months, or both. A person convicted of a third or subsequent offense shall be fined $1,000 and be imprisoned in the county jail for a term of not less than 30 days or more than 6 months.
(b) If the offense involves 100 items or more bearing one or more counterfeit marks and the retail value is $1,000 or more, the person shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 1 year, or both.
(3) When imposing sentence on a person convicted of a violation of this section, the court may order restitution as provided in 30-13-335 to any person harmed by the trademark counterfeiting.
(4) (a) Any items bearing a counterfeit mark and all personal property employed or used in connection with counterfeiting, including but not limited to any items, objects, tools, machines, equipment, instruments, or vehicles of any kind, must be seized by law enforcement officials who have the opportunity to take possession of the items or personal property.
(b) All seized items and personal property referenced in this subsection (4) must be forfeited and may, upon request of the registrant, be released to the registrant for destruction or destroyed by an officer of the court as provided in 30-13-335 unless the registrant agrees to another disposition of the seized items or personal property.
History: En. Sec. 2, Ch. 177, L. 2009; amd. Sec. 19, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-341. Repealed

30-13-341. Repealed.
Sec. 16, Ch. 257, L. 2003.
History: En. Sec. 4, Ch. 273, L. 1989; amd. Sec. 4, Ch. 290, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 13. Assumed Business Names, Trademarks, and Related Rights › Part 3. Trademarks › 30-13-342. Political party central committee marks

30-13-342. Political party central committee marks.
Only a city, county, or state central committee of a political party may register a mark on behalf of the central committee. The secretary of state may not accept an application identifying the mark of a city, county, or state central committee of a political party unless it is accompanied by a resolution of the relevant central committee attesting that it is the entity applying for the mark.
History: En. Sec. 5, Ch. 198, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-101. Short title

30-14-101. Short title.
This part shall be cited as the "Montana Unfair Trade Practices and Consumer Protection Act of 1973".
History: En. Sec. 19, Ch. 275, L. 1973; R.C.M. 1947, 85-418.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-103. Unlawful practices

30-14-103. Unlawful practices.
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful.
History: En. Sec. 2, Ch. 275, L. 1973; R.C.M. 1947, 85-402.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-104. Federal interpretation -- rules determining unfair competition and deception

30-14-104. Federal interpretation -- rules determining unfair competition and deception.
(1) It is the intent of the legislature that in construing 30-14-103 due consideration and weight shall be given to the interpretations of the federal trade commission and the federal courts relating to section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C., 45(a)(1)), as amended.
(2) The department may make rules interpreting the provisions of 30-14-103. Such rules shall not be inconsistent with the rules, regulations, and decisions of the federal trade commission and the federal courts in interpreting the provisions of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C., 45(a)(1)), as amended.
History: En. Sec. 3, Ch. 275, L. 1973; R.C.M. 1947, 85-403.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-105. Exemptions

30-14-105. Exemptions.
This part does not apply to:
(1) actions or transactions permitted under laws administered by the Montana public service commission or the state auditor; or
(2) acts of a retail merchant, publisher, owner, agent, or employee of a newspaper, periodical, or radio or television station or advertising agency in the publication or dissemination of an advertisement when the merchant, publisher, owner, agent, or employee did not have knowledge of the false, misleading, or deceptive character of the advertisement.
History: En. Sec. 4, Ch. 275, L. 1973; R.C.M. 1947, 85-404; amd. Sec. 2, Ch. 322, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-108. Termination of gift certificate prohibited -- fee limitation -- redemption -- posting required

30-14-108. Termination of gift certificate prohibited -- fee limitation -- redemption -- posting required.
(1) A gift certificate is valid until redemption and does not terminate. A gift certificate is considered trust property of the possessor if the issuer or seller of the gift certificate declares bankruptcy after issuing or selling the gift certificate.
(2) The value represented by the gift certificate belongs to the possessor and not to the issuer or seller. An issuer or seller may redeem a gift certificate presented by an individual whose name does not match the name on the gift certificate.
(3) A gift certificate may not be reduced in value by any fee, including a dormancy fee applied if a certificate is not used.
(4) If the original value of the gift certificate was more than $5 and the remaining value is less than $5 and the possessor requests cash for the remainder, the issuer or seller shall redeem the gift certificate for cash.
History: En. Sec. 1, Ch. 291, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-111. Department to restrain unlawful acts

30-14-111. Department to restrain unlawful acts.
(1) Whenever the department has reason to believe that a person is using, has used, or is about to knowingly use any method, act, or practice declared by 30-14-103 to be unlawful and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the use of the unlawful method, act, or practice upon giving appropriate notice to that person.
(2) The notice must state generally the relief sought and be served in accordance with 30-14-115 at least 20 days before the hearing of the action in which the relief sought is a temporary or permanent injunction. The notice for a temporary restraining order is governed by 27-19-315.
(3) An action under this section may be brought in the district court in the county in which a person resides or has the person's principal place of business or in the district court of Lewis and Clark County if the person is not a resident of this state or does not maintain a place of business in this state.
(4) A district court is authorized to issue temporary or permanent injunctions or temporary restraining orders to restrain and prevent violations of this part, and an injunction must be issued without bond.
History: En. Sec. 5, Ch. 275, L. 1973; R.C.M. 1947, 85-405; amd. Sec. 1, Ch. 394, L. 1979; amd. Sec. 3, Ch. 322, L. 2003; amd. Sec. 10, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-112. Assurance of compliance

30-14-112. Assurance of compliance.
In the administration of this part, the department may accept an assurance of voluntary compliance with respect to any method, act, or practice considered to be in violation of this part from any person who has engaged or was about to engage in any method, act, or practice. Any assurance must be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has a principal place of business or the district court of Lewis and Clark County. Assurance of voluntary compliance is not an admission of violation for any purpose. Matters closed may at any time be reopened by the department for further proceedings in the public interest, pursuant to 30-14-111.
History: En. Sec. 9, Ch. 275, L. 1973; amd. Sec. 10, Ch. 265, L. 1977; R.C.M. 1947, 85-409; amd. Sec. 954, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-113. Investigative demand

30-14-113. Investigative demand.
(1) When it appears to the department that the person has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part or when the department believes it to be in the public interest that an investigation should be made to ascertain whether a person in fact has engaged in, is engaging in, or is about to engage in any act or practice declared to be unlawful by this part, the department may execute in writing and cause to be served upon any person who is believed to have information, documentary material, or physical evidence relevant to the alleged or suspected violation an investigative demand. The demand requires the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts and circumstances of which the person has knowledge or to appear and testify or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as may be stated in the investigative demand, concerning the advertisement, sale, or offering for sale of any goods or services or the conduct of any trade or commerce that is the subject matter of the investigation.
(2) At any time before the return date specified in an investigative demand or within 20 days after the demand has been served, whichever period is shorter, a petition to extend the return date or to modify or set aside the demand, stating good cause, may be filed in the district court of the county in which the person served with the demand resides or has a principal place of business or in the district court of Lewis and Clark County.
History: En. Sec. 10, Ch. 275, L. 1973; amd. Sec. 11, Ch. 265, L. 1977; R.C.M. 1947, 85-410; amd. Sec. 955, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-114. Department authority

30-14-114. Department authority.
To accomplish the objectives and to carry out the duties prescribed by this part, the department, in addition to other powers conferred upon it by this part, may issue subpoenas to any person, administer an oath or affirmation to any person, conduct hearings in aid of any investigation or inquiry, prescribe forms, and adopt rules as may be necessary that have the force of law. However, the powers conferred by this part may not be used for the purpose of compelling any natural person to furnish testimony or evidence that might tend to incriminate the person or subject the person to a penalty or forfeiture. Information obtained pursuant to the powers conferred by this part may not be made public or disclosed by the department or its employees beyond the extent necessary for law enforcement purposes in the public interest.
History: En. Sec. 11, Ch. 275, L. 1973; R.C.M. 1947, 85-411; amd. Sec. 956, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 1. Consumer Protection Act › 30-14-115. Service of process -- how made

30-14-115. Service of process -- how made.
Service of any notice, demand, or subpoena under this part shall be made personally within this state, but if such cannot be obtained, substitute service may be made in the manner provided in the Montana Rules of Civil Procedure.
History: En. Sec. 12, Ch. 275, L. 1973; R.C.M. 1947, 85-412.