reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.109 - Release from official's, executor's, licensee's, etc., bond—Definitions.

RCW 19.72.109
Release from official's, executor's, licensee's, etc., bond—Definitions.
Unless otherwise required by the context, words as used in RCW 19.72.110, and 19.72.130 shall mean:
(1) "Bond" shall mean and include any bond, undertaking or writing executed by a principal and surety, required by law from the principal as an official or employee of the state, or any county, municipal corporation or taxing district, or as guardian, executor, administrator, receiver or trustee, or as a licensee or permittee as a condition to the right to receive, hold or exercise any license, permit or franchise;
(2) "Surety" shall mean and include any person, firm or corporation that has executed as surety any bond.
[ 1937 c 145 § 1; RRS § 9942. Formerly RCW 19.72.010.] [SLC-RO-17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.110 - Release from official's, executor's, licensee's, etc., bond—Notice, service, proof.

RCW 19.72.110
Release from official's, executor's, licensee's, etc., bond—Notice, service, proof.
Any surety upon any bond described in RCW 19.72.109 desiring to be released from subsequent liability and responsibility on any such bond shall serve upon the principal of such bond a written notice that on and after a certain date to be fixed in the notice, which shall be not less than ten days from the date of the service of the notice, the surety will withdraw as surety from such bond and shall serve a copy of such notice upon the official with whom such bond is filed not less than ten days prior to the date fixed in the notice as the date of termination of liability. If such principal is an individual and resides within the state of Washington, or is a corporation doing business in the state of Washington, such notice shall be personally served upon such individual, or if the principal is a firm or a corporation, such notice shall be served personally upon any person upon whom personal service of summons may be made under the existing laws of the state of Washington. If the principal is an individual and is not a resident of the state of Washington, or cannot be found therein, or if the principal is a foreign corporation, such notice shall be mailed by registered mail to the last known address of such principal, if any, which fact shall be shown by affidavit filed with the notice of withdrawal as hereinafter provided, and a copy of such notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county of the residence of the official with whom such bond is filed. The date of the last publication of notice shall be not less than twenty days from the date stated therein as the date upon which the surety will withdraw from the bond. Proof of such service or publication shall be made by affidavit and filed with the official with whom the bond is filed at least ten days before the date fixed in the notice of withdrawal.
[ 1937 c 145 § 2; RRS § 9943. Formerly RCW 19.72.110 and 19.72.120.] [SLC-RO-17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.130 - Release from official's, executor's, licensee's, etc., bond—Effective date—Failure to give new bond, effect.

RCW 19.72.130
Release from official's, executor's, licensee's, etc., bond—Effective date—Failure to give new bond, effect.
On and after the date fixed in the notice as the termination date the surety shall be released from subsequent liability on such bond; and, unless before the date fixed in such notice as the termination date by the surety, a new bond shall be filed with sufficient and satisfactory surety as required by law under which the bond was originally furnished and filed, the office, position, or trust in the case of a public office, guardian, executor, administrator, receiver, or trustee shall become vacant and a successor shall be appointed as provided by law; and in case of a license, certificate, permit, or franchise, the same shall become null and void: PROVIDED, HOWEVER, That no surety shall be released on the bond of any guardian, executor, administrator, receiver, or trustee until such fiduciary shall have furnished a new bond with surety approved by the court, or until his or her successor has been appointed and has qualified and taken over the fiduciary assets. Said notice of withdrawal shall be final and not subject to cancellation by said surety and said license, certificate, permit, or franchise can only be continued upon filing a new bond as above provided.
[ 2011 c 336 § 549; 1937 c 145 § 3; RRS § 9944.] [SLC-RO-17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.140 - Suretyship—Raising issue as defendant.

RCW 19.72.140
Suretyship—Raising issue as defendant.
When any action is brought against two or more defendants upon a contract, any one or more of the defendants being surety for the others, the surety may, upon a written complaint to the court, cause the question of suretyship to be tried and determined upon the issues made by the parties at the trial of the cause, or at any time before or after the trial, or at a subsequent term, but such proceedings shall not affect the proceedings of the plaintiff.
[Code 1881 § 646; RRS § 976. Prior: 1877 p 134 § 649; 1869 p 150 § 586; 1854 p 210 § 428. FORMER PART OF SECTION: Code 1881 § 647; RRS § 977, now codified as RCW 19.72.141.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.141 - Suretyship—Order to exhaust principal's property.

RCW 19.72.141
Suretyship—Order to exhaust principal's property.
If the finding upon such issue be in favor of the surety, the court shall make an order directing the sheriff to levy the execution upon, and first exhaust the property of the principal before a levy shall be made upon the property of the surety, and the clerk shall indorse a memorandum of the order upon the execution.
[Code 1881 § 647; RRS § 977. Prior: 1877 p 134 § 650; 1869 p 151 § 587; 1854 p 211 § 429. Formerly RCW 19.72.140, part.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.150 - Heirs, etc., bound—Exception.

RCW 19.72.150
Heirs, etc., bound—Exception.
The provisions of RCW 19.72.070 through 19.72.101, 19.72.140, 19.72.141 shall extend to heirs, executors, and administrators of deceased persons, but the provisions of RCW 19.72.101 shall not operate against persons under legal disabilities.
[Code 1881 § 651; RRS § 981. Prior: 1877 p 135 § 654; 1869 p 151 § 591; 1854 p 211 § 433.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.160 - Assets—Safekeeping agreements—Joint control of deposits.

RCW 19.72.160
Assets—Safekeeping agreements—Joint control of deposits.
It shall be lawful for any party of whom a bond, undertaking, or other obligation is required, to agree with his or her surety or sureties for the deposit of any or all moneys and assets for which he or she and his or her surety or sureties are or may be held responsible, with a bank, savings bank, savings and loan association, safe deposit or trust company, authorized by law to do business as such, or with other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such surety or sureties, or an order of court, or a judge thereof made on such notice to such surety or sureties as such court or judge may direct: PROVIDED, HOWEVER, That such agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of said bond.
[ 2011 c 336 § 550; 1953 c 46 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.170 - Bonds not to fail for want of form or substance.

RCW 19.72.170
Bonds not to fail for want of form or substance.
No bond required by law, and intended as such bond, shall be void for want of form or substance, recital, or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contemplated by the law requiring the same, to the amount specified in such bond. In all actions on such defective bond, the plaintiff may state its legal effect, in the same manner as though it were a perfect bond.
[Code 1881 § 749; 1854 p 219 § 489; RRS § 777. Formerly RCW 10.19.120, part.] [SLC-RO-10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.180 - Successive recoveries on bond—Limitation.

RCW 19.72.180
Successive recoveries on bond—Limitation.
In the event of the breach of the condition of any bond described in RCW 19.72.109, successive recoveries may be made thereon by any of the obligees thereof: PROVIDED, HOWEVER, That the total amount of all such recoveries, whether by one or more of such obligees, shall not exceed, in the aggregate, the penal sum specified in such bond.
[ 1959 c 113 § 1.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.72 - Suretyship. › 19.72.901 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.

RCW 19.72.901
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 § 55.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.76 - Beverage Bottles, etc.—Labeling—Refilling. › 19.76.100 - Labels on bottles, etc.—Filing—Publication.

RCW 19.76.100
Labels on bottles, etc.—Filing—Publication.
All persons engaged in the manufacture, bottling or selling of ale, porter, lager beer, soda, mineral water, or other beverages in casks, kegs, bottles or boxes, with their names or other marks of ownership stamped or marked thereon, may file in the office of the secretary of state a description of names or marks so used by them, and publish the same in a newspaper of general circulation in the county, printed in the English language, once a week for six successive weeks, in counties where the articles are manufactured, bottled or sold.
[ 1985 c 469 § 11; 1981 c 302 § 1; 1897 c 38 § 1; RRS § 11546.]
NOTES:
Severability—1981 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 302 § 40.]
Alcoholic beverage control: Title 66 RCW.
Labeling of spirits, etc.: RCW 66.28.100 through 66.28.120.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.76 - Beverage Bottles, etc.—Labeling—Refilling. › 19.76.110 - Refilling bottles, etc.—Forbidden.

RCW 19.76.110
Refilling bottles, etc.—Forbidden.
It is hereby declared to be unlawful for any person or persons hereafter, without the written consent of the owner or owners thereof, to fill with ale, porter, lager beer or soda, mineral water or other beverages, for sale or to be furnished to customers, any such casks, barrels, kegs, bottles or boxes so marked or stamped, or to sell, dispose of, buy or traffic in, or wantonly destroy any such cask, barrel, keg, bottle or box so marked, stamped, by the owner or owners thereof, after such owner or owners shall have complied with the provisions of RCW 19.76.100.
[ 2003 c 53 § 148; 1897 c 38 § 2; RRS § 11547.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Crimes relating to brands and marks: Chapter 9.16 RCW.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.76 - Beverage Bottles, etc.—Labeling—Refilling. › 19.76.120 - Refilling bottles, etc.—Possession as evidence.

RCW 19.76.120
Refilling bottles, etc.—Possession as evidence.
The using by any person other than the rightful owner thereof, without such written permission, of any such cask, barrel, keg, bottle or box, for the sale therein of ale, porter, lager beer, soda, mineral waters or other beverages, or to be furnished to customers, or the buying, selling or trafficking in any such barrel, keg, bottle or box, by any person other than the owner, without such written permission, or the fact that any junk dealer or dealers in casks, barrels, kegs, bottles or boxes, shall have in his or her possession any such cask, barrel, keg, bottle or box so marked or stamped and registered as aforesaid, without such written permission, shall and is hereby declared to be prima facie evidence that such use, buying, selling, trafficking in or possession is unlawful within the meaning of RCW 19.76.100 through 19.76.120.
[ 1897 c 38 § 3; RRS § 11548.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.76 - Beverage Bottles, etc.—Labeling—Refilling. › 19.76.130 - Refilling bottles, etc.—Penalty.

RCW 19.76.130
Refilling bottles, etc.—Penalty.
Any person who violates RCW 19.76.100 through 19.76.120 is guilty of a misdemeanor, and upon conviction shall be fined five dollars for each and every cask, barrel, keg, or box, and fifty cents for each and every bottle so by him, her, or them filled, bought, sold, used, trafficked in, or wantonly destroyed, together with costs of suit for first offense, and ten dollars for each and every cask, barrel, keg, and box and one dollar for each and every bottle so filled, bought, sold, used, trafficked in, or wantonly destroyed, together with the costs of suit for each subsequent offense.
[ 2003 c 53 § 149.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.015 - Reservation—Fees—Rules.

RCW 19.77.015
Reservation—Fees—Rules.
The exclusive right to the use of a trademark may be reserved by:
(1) A person intending to register a trademark under this title; or
(2) A domestic or foreign corporation intending to change its trademark.
The reservation shall be made by filing with the secretary of state an application to reserve a specified trademark or service mark, executed by or on behalf of the applicant, one copy of the trademark artwork, and fees as set by rule by the secretary of state. If the secretary of state finds that the trademark is available for use, the secretary of state shall reserve the trademark for the exclusive use of the applicant for a period of one hundred eighty days. The reservation is limited to one filing.
[ 1994 c 60 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.020 - Registration of certain trademarks prohibited.

RCW 19.77.020
Registration of certain trademarks prohibited.
(1) A trademark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(a) Consists of or comprises immoral, deceptive, or scandalous matter; or
(b) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; or
(c) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
(d) Consists of or comprises the name, portrait, or signature identifying a particular living individual who has not consented in writing to its registration; or
(e) Consists of or comprises a trademark which so resembles a trademark registered in this state, or a trademark or trade name used in this state by another prior to the date of the applicant's or applicant's predecessor's first use in this state 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) Registration under this title does not constitute prima facie evidence that a mark is not merely descriptive, deceptively misdescriptive, or geographically descriptive or deceptively misdescriptive of the goods or services with which it is used, or is not primarily merely a surname, unless the applicant has made substantially exclusive and continuous use thereof as a trademark in this state or elsewhere in the United States for the five years next preceding the date of the filing of the application for registration.
(3) A trade name is not registrable under this chapter. However, if a trade name also functions as a trademark, it is registrable as a trademark.
(4) The secretary of state shall make a determination of registerability by considering the application record and the marks previously registered and subsisting under this chapter.
[ 2003 c 34 § 2; 1989 c 72 § 2; 1955 c 211 § 2.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.040 - Certificate of registration—Issuance—Contents—Admissibility in evidence.

RCW 19.77.040
Certificate of registration—Issuance—Contents—Admissibility in evidence.
Upon compliance by the applicant with the requirements of this chapter, the secretary of state shall issue a certificate of registration and deliver it 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 it shall show the registrant's name and business address and, if the registrant is a corporation, its state of incorporation, the date claimed for the first use of the trademark anywhere, the date claimed for the first use of the trademark in this state, the particular goods or services for which the trademark is used, the class in which such goods and services fall, a reproduction of the trademark, the registration date and the term of the registration.
Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in any action or judicial proceeding in any court of this state as prima facie evidence of:
(1) The validity of the registration of the trademark;
(2) The registrant's ownership of the trademark; and
(3) The registrant's exclusive right to use the trademark in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated in the certificate.
Registration of a trademark under this chapter shall be constructive notice of the registrant's claim of ownership of the trademark throughout this state.
[ 1989 c 72 § 4; 1955 c 211 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.050 - Duration of certificate—Renewal—Fees—Rules.

RCW 19.77.050
Duration of certificate—Renewal—Fees—Rules.
Registration of a trademark hereunder shall be effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state requiring all the allegations of an application for original registration, the registration may be renewed for successive terms of five years as to the goods or services for which the trademark is still in use in this state. A renewal fee as set by rule by the secretary of state, payable to the secretary of state, shall accompany each application for renewal of the registration.
The secretary of state shall notify registrants of trademarks hereunder or their agents for service of record with the secretary of state of the necessity of renewal within the year, but not less than six months, next preceding the expiration of the unexpired original or renewed term by writing to the last known address of the registrants or their agents according to the files of the secretary of state. Neither the secretary of state's failure to notify a registrant nor the registrant's nonreceipt of a notice under this section shall extend the term of a registration or excuse the registrant's failure to renew a registration.
[ 2003 c 34 § 3; 1994 c 60 § 3; 1989 c 72 § 5; 1982 c 35 § 182; 1955 c 211 § 5.]
NOTES:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.060 - Assignment of trademark, registration, or application—Fee—Rules.

RCW 19.77.060
Assignment of trademark, registration, or application—Fee—Rules.
Any trademark and its registration or application for registration hereunder shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. An assignment by an instrument in writing duly executed and acknowledged, or the designation of a legal representative, successor, or agent for service shall be recorded by the secretary of state on request when accompanied by a fee, as set by rule by the secretary of state, payable to the secretary of state. On request, upon recording of the assignment and payment of a further fee of five dollars, the secretary of state shall issue in the name of the assignee a new certificate for the remainder of the unexpired original or renewal term of the registration. An assignment of any registration or application for registration under this chapter shall be void as against any subsequent purchaser for a valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
[ 1994 c 60 § 4; 1982 c 35 § 183; 1955 c 211 § 6.]
NOTES:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.070 - Secretary of state to keep records.

RCW 19.77.070
Secretary of state to keep records.
The secretary of state shall keep for public examination a record of all trademarks registered or renewed under this chapter, and the records specified in RCW 19.77.060.
[ 1955 c 211 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.080 - Secretary of state must cancel certain registrations.

RCW 19.77.080
Secretary of state must cancel certain registrations.
The secretary of state shall cancel from the register:
(1) Any registration concerning which the secretary of state shall receive a voluntary written request for cancellation thereof from the registrant;
(2) All expired registrations not renewed under this chapter;
(3) Any registration concerning which a court of competent jurisdiction has rendered a final judgment against the registrant, which has become unappealable, canceling the registration or finding that:
(a) The registered trademark has been abandoned;
(b) The registrant under this chapter or under a prior act is not the owner of the trademark;
(c) The registration was granted contrary to the provisions of this chapter;
(d) The registration was obtained fraudulently;
(e) The registered trademark has become incapable of serving as a trademark; or
(f) The registered trademark is so similar to a trademark registered by another person in the United States patent and trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned, as to be likely to cause confusion or mistake or to deceive: PROVIDED, That such finding was made on petition of such other person and that should the registrant prove that he or she is the owner of a concurrent registration of the trademark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be canceled.
[ 1989 c 72 § 6; 1955 c 211 § 8.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.090 - Actions relating to registration—Service on secretary of state—Assessment—Set by rule.

RCW 19.77.090
Actions relating to registration—Service on secretary of state—Assessment—Set by rule.
The secretary of state shall be the agent for service of process in any action relating to the registration of any registrant who is at the time of such service a nonresident or a foreign firm, corporation, association, union, or other organization without a resident of this state designated as the registrant's agent for service of record with the secretary of state, or who cannot be found in this state, and service of process, pleadings and papers in such action made upon the secretary of state shall be held as due and sufficient process upon the registrant. The secretary of state shall charge and collect an assessment, as set by rule by the secretary of state, at the time of any service of process upon the secretary of state under this section. The assessment may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. The assessment shall be deposited in the secretary of state's revolving fund.
[ 1994 c 287 § 5; 1982 c 35 § 184; 1955 c 211 § 9.]
NOTES:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.115 - Classification of goods and services.

RCW 19.77.115
Classification of goods and services.
The secretary of state must adopt by rule a classification of goods and services for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services 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 should conform to the classification adopted by the United States patent and trademark office.
[ 2003 c 34 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.130 - Fraudulent registration—Financial liability.

RCW 19.77.130
Fraudulent registration—Financial liability.
Any person who shall for himself or herself, or on behalf of any other person, procure the registration of any trademark by the secretary of state under the provisions of this chapter, by knowingly making any false or fraudulent representation or declaration, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction, together with costs of such action including reasonable attorneys' fees.
[ 2011 c 336 § 552; 1989 c 72 § 8; 1955 c 211 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.140 - Trademark imitation.

RCW 19.77.140
Trademark imitation.
(1) Subject to the provisions of RCW 19.77.900 any person who shall:
(a) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this chapter in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source or origin of such goods or services; or
(b) Reproduce, counterfeit, copy or colorably imitate any such trademark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution of goods or services in this state on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive as to the source or origin of such goods or services
shall be liable to a civil action by the registrant for any or all of the remedies provided in RCW 19.77.150, except that under (b) of this subsection the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
(2) In determining whether, under this chapter, there is a likelihood of confusion, mistake, or deception between marks when used in association with goods or services, the court shall consider all relevant factors, including, but not limited to the following:
(a) The similarity or dissimilarity of the marks in their entireties to appearance, sound, meaning, connotation, and commercial impression;
(b) The similarity or dissimilarity of the goods or services and nature of the goods and services;
(c) The similarity or dissimilarity of trade channels;
(d) The conditions under which sales are made and buyers to whom sales are made;
(e) The fame of the marks;
(f) The number and nature of similar marks in use on similar goods or services;
(g) The nature and extent of any actual confusion;
(h) The length of time during and conditions under which there has been concurrent use without evidence of actual confusion;
(i) The variety of goods or services on which each of the marks is or is not used;
(j) The nature and extent of potential confusion, i.e., whether de minimis or substantial;
(k) Any other established fact probative of the effect of use.
[ 2003 c 34 § 5; 1989 c 72 § 9; 1955 c 211 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.150 - Remedies of registrants.

RCW 19.77.150
Remedies of registrants.
Any registrant may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or colorable imitations of a trademark registered under this chapter, and any court of competent jurisdiction may grant an injunction to restrain such manufacture, use, display, or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such registrant all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display, or sale; and such court may also order that any such counterfeits or colorable imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the registrant, to be destroyed. The court, in its discretion, may enter judgment awarding reasonable attorneys' fees and/or an amount not to exceed three times such profits and damages in such cases where the court finds the other party committed the wrongful acts in bad faith or otherwise as according to the circumstances of the case.
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
[ 2003 c 34 § 6; 1989 c 72 § 11; 1955 c 211 § 15.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.160 - Injunctive relief for owners of famous marks.

RCW 19.77.160
Injunctive relief for owners of famous marks.
(1) The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in this state of a mark, commencing after the mark becomes famous, which causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is famous and has distinctive quality, a court shall consider all relevant factors, including, but not limited to the following:
(a) The degree or 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 or 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 marks by third parties; and
(h) Whether the mark is the subject of state registration in this state or United States registration.
(2) The owner shall be entitled only to injunctive relief in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.
(3) 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 competing goods or services of the owner of the famous mark;
(b) Noncommercial use of a famous mark; and
(c) All forms of reporting and news commentary.
[ 2003 c 34 § 7; 1989 c 72 § 10.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.170 - Use of trademark employed by alien person outside of United States—Limitation of damages, relief—Exceptions.

RCW 19.77.170
Use of trademark employed by alien person outside of United States—Limitation of damages, relief—Exceptions.
Damages or equitable relief of any nature may not be awarded in any pending or future legal procedure in favor of an alien person against a domestic person on account of the domestic person's use of a trademark or trade name in this state that is employed by the alien person outside of the United States, absent proof that:
(1) The alien person had commenced to employ the trademark or trade name in connection with the sale of its goods or services within the United States prior to the time the domestic person commenced to use the trademark or trade name in this state; or
(2) That the trademark was registered by the United States patent and trademark office or reserved by the secretary of state to the alien person at the time the domestic person commenced to use it. This section applies regardless of the nature of the claim asserted and whether the claim upon which any such relief is sought arises by statute, under the common law, or otherwise.
[ 1994 c 60 § 7.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.900 - Common law rights preserved prior to registration.

RCW 19.77.900
Common law rights preserved prior to registration.
Nothing herein shall adversely affect the rights or the enforcement of rights in trademarks acquired in good faith at common law prior to registration under this chapter; however, during any period subsequent to July 23, 1989, when the registration of a mark under this chapter is in force and the registrant has not abandoned the trademark, no common law rights as against the registrant may be acquired.
[ 1989 c 72 § 12; 1955 c 211 § 16.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.910 - Saving—1955 c 211.

RCW 19.77.910
Saving—1955 c 211.
As to any pending suit, proceeding or appeal, and for that purpose only, the repeal of prior acts shall be deemed not to be effective until final determination.
[ 1955 c 211 § 17.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.930 - Construction—1989 c 72.

RCW 19.77.930
Construction—1989 c 72.
It is the intent of the legislature that, in construing this chapter, the courts be guided by the interpretation given by the federal courts to the federal trademark act of 1946, as amended, 15 U.S.C., Sec. 1051, et seq.
[ 1989 c 72 § 13.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.77 - Trademark Registration. › 19.77.940 - Prospective application—1989 c 72.

RCW 19.77.940
Prospective application—1989 c 72.
Chapter 72, Laws of 1989 applies prospectively only and not retroactively. The rights and obligations of chapter 72, Laws of 1989 shall accrue upon July 23, 1989, to all prior trademark registrations then in effect, and the provisions of chapter 72, Laws of 1989 shall not apply to any cause of action arising prior to July 23, 1989.
[ 1989 c 72 § 14.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.80 - Trade Names. › 19.80.001 - Purposes.

RCW 19.80.001
Purposes.
The purposes of this chapter are: (1) To require each person who is conducting business in the state of Washington under a trade name to disclose the true and real name of each person conducting that business, and (2) to provide a central registry of businesses operating under a trade name in the state of Washington.
[ 1984 c 130 § 1.]
NOTES:
Effective date—1984 c 130: "Sections 1 through 11 of this act shall take effect on October 1, 1984. The director of licensing is authorized to immediately take such steps as are necessary to insure that this act is implemented on its effective date." [ 1984 c 130 § 12.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.80 - Trade Names. › 19.80.005 - Definitions.

RCW 19.80.005
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Business" means an occupation, profession, or employment engaged in for the purpose of seeking a profit.
(2) "Department" means the department of revenue.
(3) "Person" means any individual, partnership, limited liability company, or corporation conducting or having an interest in a business in the state.
(4) "Trade name" means a word or name, or any combination of a word or name, used by a person to identify the person's business which:
(a) Is not, or does not include, the true and real name of all persons conducting the business; or
(b) Includes words which suggest additional parties of interest such as "company," "and sons," or "and associates."
(5) "True and real name" means:
(a) The surname of an individual coupled with one or more of the individual's other names, one or more of the individual's initials, or any combination;
(b) The designation or appellation by which an individual is best known and called in the business community where that individual transacts business, if this is used as that individual's legal signature;
(c) The registered corporate name of a domestic corporation as filed with the secretary of state;
(d) The registered corporate name of a foreign corporation authorized to do business within the state of Washington as filed with the secretary of state;
(e) The registered partnership name of a domestic limited partnership as filed with the secretary of state;
(f) The registered partnership name of a foreign limited partnership as filed with the secretary of state; or
(g) The name of a general partnership which includes in its name the true and real names, as defined in (a) through (f) of this subsection, of each general partner as required in RCW 19.80.010.
[ 2011 c 298 § 13; 2000 c 174 § 1; 1996 c 231 § 2; 1984 c 130 § 2.]
NOTES:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.80 - Trade Names. › 19.80.010 - Registration required.

RCW 19.80.010
Registration required.
Each person or persons who carries on, conducts, or transacts business in this state under any trade name must register that trade name with the department as provided in this section.
(1) Sole proprietorship or general partnership: The registration must set forth the true and real name or names of each person conducting the same, together with the post office address or addresses of each such person and the name of the general partnership, if applicable.
(2) Foreign or domestic limited partnership: The registration must set forth the limited partnership name as filed with the office of the secretary of state.
(3) Foreign or domestic limited liability company: The registration must set forth the limited liability company name as filed with the office of the secretary of state.
(4) Foreign or domestic corporation: The registration must set forth the corporate name as filed with the office of the secretary of state.
(5) Other business entities: The registration must set forth the entity's name as required by the department.
[ 2013 c 144 § 32; 2011 c 298 § 14; 2000 c 174 § 2; 1996 c 231 § 3; 1984 c 130 § 3; 1979 ex.s. c 22 § 1; 1907 c 145 § 1; RRS § 9976.]
NOTES:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.
Adoption of rules—1979 ex.s. c 22: "The director of the department of licensing shall promulgate such rules and regulations as are necessary to implement the transfer of duties and of records required by section 1 of this 1979 act. Such rules shall provide for transfer of existing certificates from the counties to the department, set fees for filing of certificates and amendments, and set fees for obtaining copies thereof." [ 1979 ex.s. c 22 § 3.]
Effective date—1979 ex.s. c 22: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1979." [ 1979 ex.s. c 22 § 4.]
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.80 - Trade Names. › 19.80.025 - Changes in registration—Filing notice of change.

RCW 19.80.025
Changes in registration—Filing notice of change.
(1) A notice of change must be filed with the department when a change occurs in:
(a) The true and real name of a person conducting a business with a trade name registered under this chapter; or
(b) Any mailing address set forth on the registration or any subsequently filed notice of change.
(2) A notice of cancellation must be filed with the department when use of a trade name is discontinued.
(3) A notice of cancellation, together with a new registration, must be filed before conducting or transacting any business when:
(a) An addition, deletion, or any change of person or persons conducting business under the registered trade name occurs; or
(b) There is a change in the wording or spelling of the trade name since initial registration or renewal.
[ 2011 c 298 § 15; 2000 c 174 § 3; 1984 c 130 § 5.]
NOTES:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.80 - Trade Names. › 19.80.040 - Failure to file.

RCW 19.80.040
Failure to file.
No person or persons carrying on, conducting, or transacting business under any trade name shall be entitled to maintain any suit in any of the courts of this state until such person or persons have properly completed the registration as provided for in RCW 19.80.010. Failure to complete this registration shall not impair the validity of any contract or act of such person or persons and shall not prevent such person or persons from defending any suit in any court of this state.
[ 1984 c 130 § 7; 1907 c 145 § 5; RRS § 9980. Formerly RCW 19.80.040 and 19.80.050.]
NOTES:
Effective date—1984 c 130: See note following RCW 19.80.001.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.80 - Trade Names. › 19.80.045 - Rules—Fees.

RCW 19.80.045
Rules—Fees.
The department must adopt rules as necessary to administer this chapter. The rules may include but are not limited to specifying forms and setting fees for trade name registrations, amendments, searches, renewals, and copies of registration documents. Fees may not exceed the actual cost of administering this chapter.
[ 2011 c 298 § 16; 1984 c 130 § 6.]
NOTES:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.
2023 Revised Code of Washington › Title 19 - Business Regulations—Miscellaneous › Chapter 19.80 - Trade Names. › 19.80.075 - Collection and deposit of fees.

RCW 19.80.075
Collection and deposit of fees.
All fees collected by the department under this chapter must be deposited with the state treasurer and credited to the business license account.
[ 2013 c 144 § 33; 2011 c 298 § 17; 1992 c 107 § 6; 1984 c 130 § 9.]
NOTES:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective dates—1992 c 107: See note following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.