reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 57.00 - VOTER REGISTRATION › Section 57.06 - Voter Registration at the Registry of Motor Vehicles under the NVRA

Current through Register 1525, July 5, 2024
The provisions of
				950
				CMR 57.06 apply to non-AVR transactions at
				the Registry of Motor Vehicles RMV, including registration renewals.
(1)
Voter Registration
			 Affidavit
.
(a) The Secretary
			 shall prepare blank forms for affidavits of voter registration and shall supply
			 sufficient quantities of such forms to the Registry. Said forms shall contain
			 the information and the statements required in 52 USCS §
			 20504(c)(2).
(b) The Registry shall
			 use the affidavit of voter registration form prescribed by the Secretary;
			 provided however, that the Registry may combine said form with its own
			 application, renewal, or change of address form, subject to review and approval
			 by the Secretary.
(c) Every
			 applicant who applies to register to vote at the Registry shall be provided
			 with a receipt confirming the completion of a voter registration
			 affidavit.
(d) When the Registry
			 electronically transmits voter registration information, a copy of the
			 applicant's completed voter registration affidavit shall be maintained
			 electronically at the central voter registry, but shall be available for
			 inspection and copying by the registrars of the applicant's city or town or by
			 summons in a legal proceeding.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 57.00 - VOTER REGISTRATION › Section 57.07 - Automatic Voter Registration

Current through Register 1525, July 5, 2024
(1)
Automatic Voter Registration (AVR) Shall Apply Only to AVR
			 Agencies
.
(a) For purposes of AVR
			 at the Health Insurance Connector Authority and the Office of Medicaid, an "AVR
			 applicant" shall mean a person who is submitting a completed Massachusetts
			 Application for Health and Dental Coverage and Help Paying Costs ("agency
			 application") online, in person or
via
telephone to the AVR
			 Agencies and shall not include an Authorized Representative.
(b) For purposes of AVR at the RMV, an "AVR
			 Applicant" shall mean a person conducting a driver's license or identification
			 card transaction online or in person at the AVR Agency.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 57.00 - VOTER REGISTRATION › Section 57.08 - Online Voter Registration

Current through Register 1525, July 5, 2024
Provision
				950
				CMR 57.07 is the implementation of M.G.L. c.
				51, § 33A, which requires the Secretary to create and maintain a secure
				online portal allowing a person to complete an affidavit of registration
				online.
(1)
Voter
			 Registration Affidavit
.
(a) The
			 Secretary shall prepare a form for affidavit of voter registration that shall
			 be available online. Said form shall contain the information and the statements
			 required in 52 USCS § 20504(c)(2).
(b) In order to use the online application
			 process, an applicant must have a valid Registry record and consent to use of
			 their signature from the Registry. The registrar of motor vehicles shall make
			 appropriate provisions to facilitate the electronic transfer of the image of
			 the signature to the central voter registry, but only if the applicant has a
			 valid record at the Registry which includes the applicant's legal name, date of
			 birth, documentation of reliable citizenship information, and the applicant's
			 electronic signature. If the applicant's record does not include documentation
			 of reliable citizenship information or if the signature cannot be found, the
			 applicant shall be unable to submit an online application.
(c) Every applicant who applies to register
			 to vote online shall be provided with a confirmation of the submission of their
			 completed voter registration application.
(d) When the Secretary electronically
			 transmits voter registration information submitted online, the applicant's
			 voter registration information including image of their signature shall be
			 maintained electronically at the central voter registry, but shall be available
			 for inspection by the registrars of the applicant's city or town or by summons
			 in a legal proceeding.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 58.00 - Central Registry of Voters › Section 58.01 - Purpose

Current through Register 1525, July 5, 2024
950
				CMR 58.00 governs the operation of the central
				registry of voters, under the authority of M.G.L. c. 51, § 47C. The
				purpose of the central registry of voters is to maintain a state-wide list of
				all registered voters in the commonwealth; to maintain, if collected by the
				municipality, the information contained in M.G.L. c. 51, § 4; and to aid
				in the reporting of information to the Federal Election Commission as required
				under 11 CFR § 8.7.
				950
				CMR 58.00 shall be interpreted to achieve and maintain
				accuracy, uniformity, and security from fraud in the procedures of local
				registrars of voters in obtaining, using, and providing the above information.
				950
				CMR 58.00 shall also govern the use of the central
				registry of voters to ascertain the results of state elections in cities and
				towns in accordance with M.G.L. c. 54, § 104.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 58.00 - Central Registry of Voters › Section 58.02 - Definitions

Current through Register 1525, July 5, 2024
Terms not defined in
				950
				CMR 58.00 shall have the same meaning as terms defined
				in
				950 CMR
				57.00.
Central Registry of Voters
. A
				statewide computer system connecting each city and town, the Registry of Motor
				Vehicles, and the office of the Secretary of the Commonwealth.
Certification of Election Results
. The
				process of ascertaining the results of state primaries and state elections in
				cities and towns in accordance with M.G.L. c. 54, § 104.
Certification of Voter Registration
.
				The process of accepting a voter registration application by the registrars of
				voters for inclusion into the central registry of voters.
Computer Record
. A voter registration
				record transmitted through the central registry of voters to the registrars of
				voters of a city or town.
Date of Inactivity
. The date that a
				confirmation mailing is sent out.
Duplicate Registration
. A voter
				registration application that is identical in every respect to one that is
				already contained in the central registry of voters.
Pending Queue
. The names of voters who
				have registered to vote and are waiting for certification by the
				registrars.
Return of Votes
. The printed report
				containing the certified city/town election results.
Tally Sheet
. The program in the
				Central Registry of Voters used to report election results.
Voter Status
. The designation of a
				voter as active or inactive.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 58.00 - Central Registry of Voters › Section 58.03 - General Requirements

Current through Register 1525, July 5, 2024
(1) The registrars
			 shall enter into the central registry of voters, all information required to
			 maintain and update the annual register of voters pursuant to M.G.L. c. 51.
			 This includes, but is not limited to:
(a) The
			 name, residential address, party or political designation, and effective date
			 of registration of all registered voters in their community.
(b) The designated agency at which the voter
			 registered, the agency code contained on the mail-in agency form, or the type
			 of voter registration affidavit completed by the registrant. Types of voter
			 registration affidavits include mail-in registration, online registration, and
			 in-person registration.
(c) The
			 name, address, and date of inactivity of all voters designated as inactive in
			 their community.
(d) The number of
			 voters sent confirmation mailings pursuant to M.G.L. c. 51, § 37, and the
			 number of responses received from voters to those confirmation
			 mailings.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 58.00 - Central Registry of Voters › Section 58.04 - Records Transmitted by Electronic Agency Processing

Current through Register 1525, July 5, 2024
(1) The registrars shall review the pending
			 queue of the central registry of voters during each business day.
(2) Upon receipt of a completed computer
			 record, the registrars shall certify such record, and add the person's name,
			 residential address, party or political designation, and effective date of
			 registration to the central registry of voters.
(3) If the computer record is incomplete, the
			 registrars shall treat such record as an incomplete mail-in affidavit of
			 registration, and follow the provisions of
			 950 CMR
			 57.04(3).
(4) If the computer record displays an
			 address that does not exist in the city or town and cannot be corrected by the
			 registrars, the registrars shall reject such record.
(5) The registrars shall send an
			 acknowledgment notice to each registrant upon final disposition of the computer
			 record.
(6) Upon receipt of a
			 duplicate registration, the registrars shall check the voter status. If the
			 voter is inactive, he shall be restored to active status. If the voter is
			 active, the registrars shall reject the record.
(7) Upon receipt of a change of name,
			 address, or party, the registrars shall make such change, subject to 950 CMR
			 58.04(4), and send an acknowledgment notice.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 58.00 - Central Registry of Voters › Section 58.05 - Reporting Election Results

Current through Register 1525, July 5, 2024
(1) The city or
			 town clerk shall enter into the Tally Sheet all ballots cast and votes for
			 candidates and questions, including blanks, voted on at state primaries,
			 presidential primaries and state elections that are required to be submitted to
			 the Secretary of the Commonwealth. This shall not include the offices of ward
			 and town committee, Martha's Vineyard Commission, Barnstable County Assembly
			 Delegate, and Regional School Committees.
(2) Results for all candidates and questions
			 shall be entered for each precinct. Results shall include votes for candidates
			 whose names are printed on the ballot, write-in candidates, questions, and
			 blanks.
(3) Once the results have
			 been entered, the city or town clerk shall certify such results in the system
			 and then shall print and sign the Return of Votes report, and mail such reports
			 to the Elections Division of the Secretary of the Commonwealth.
(a) After a state primary or a presidential
			 primary, such results shall be certified in the system and the Return of Votes
			 report signed and postmarked no later than the fourth day after the
			 primary.
(b) After a state
			 election, such results shall be certified in the system and the Return of Votes
			 report signed and postmarked no later than the 15th
			 day after the election.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 59.00 - State Ballot Law Commission: Adjudicatory Proceedings › Section 59.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Scope and Authority
.
			 950 CMR 59.00 governs
			 adjudicatory proceedings before the State Ballot Law Commission.
			 950 CMR 59.00 is promulgated
			 under authority of M.G.L. c. 55B, § 4 and is in conformance with the
			 provisions of M.G. L. c. 30A.
(2)
Construction
.
			 950 CMR 59.00 shall be
			 construed to secure a just and speedy determination for every proceeding before
			 the State Ballot Law Commission.
(3)
Definitions
.
			 Terms used in
			 950 CMR 59.00 shall have the
			 meanings provided in M.G.L. c. 50, § 1 and as follows:
Adjudicatory Proceedings
. Proceedings
				before the State Ballot Law Commission regarding matters brought before it in
				accordance with the provisions of M.G.L. c. 55B.
Authorized Representative
. An
				attorney, legal guardian or other person authorized by a party to represent him
				in the adjudicatory proceeding.
Commission
The State Ballot Law
				Commission.
Commissioner
. A member of the State
				Ballot Law Commission.
Objection.
A challenge made to the
				legality, validity, completeness and accuracy of all nomination papers and
				actions required by law to give candidates access to a state ballot or to place
				an initiative or referendum on the ballot and any other matter within the
				jurisdiction of the Commission as contained in M.G.L. c. 55B.
Objector.
A person who initiates the
				adjudicatory proceeding by filing an objection.
Papers.
All written communications
				filed in an adjudicatory proceeding, including objections, motions, pleadings
				and other documents.
Party
.
(a) The specifically named person whose legal
			 rights, duties or privileges are being determined in the adjudicatory
			 proceeding;
(b) any other person
			 who as a matter of constitutional right or by any other provision of the
			 General Laws is entitled to participate fully in the proceeding;
(c) or any person allowed by the Commission
			 to intervene;
(d) the objector, the
			 respondent, all other candidates for the office (but at a primary for
			 nomination); and
(e) the state
			 committee of any affected political party.
Person
. An individual, the first ten
				signers of a state initiative or referendum petition, the state committee of a
				political party or any other legal entity.
Presiding Officer
. The Chairman of the
				State Ballot Law Commission.
Respondent
.
(a) A candidate whose nomination is objected
			 to;
(b) The first ten signers of a
			 state initiative or referendum petition which is objected to; and
(c) Any other person against whom an
			 objection is filed.
Secretary
. The Secretary means the
				Elections Division of the Office of Secretary of the Commonwealth.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 59.00 - State Ballot Law Commission: Adjudicatory Proceedings › Section 59.02 - Jurisdiction, Timing and Filing

Current through Register 1525, July 5, 2024
(1)
Jurisdiction
.
(a)
			 The Commission has jurisdiction over the following objections:
1. Objections to state nominations, under
			 M.G.L. c. 55B, § 4;
2.
			 Objections to signatures on state initiative and referendum petitions under
			 M.G.L. c. 55B, § 4; and
3. Any
			 other objections over which it has jurisdiction by law.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 59.00 - State Ballot Law Commission: Adjudicatory Proceedings › Section 59.03 - Initiating Adjudicatory Proceeding and Motions

Current through Register 1525, July 5, 2024
(1)
Initiation of Formal
			 Adjudicatory Proceedings
.
(a)
Claim for Adjudicatory Hearing
. Any person having a
			 right to initiate an adjudicatory proceeding shall commence such action by
			 filing an objection. Such objection shall be filed with the Secretary within
			 the time prescribed by the applicable provision of law or regulation.
(b)
Form and
			 Content
. The objection shall state clearly and concisely the facts
			 which are grounds for the proceeding, the relief sought, and any additional
			 information required by applicable statutes and regulations. It shall contain
			 in detail each ground of objection. The Commission may provide forms to be used
			 for objections.
(c)
Answer
. At any time before the hearing, the respondent
			 shall file an answer to the objection.
1. The
			 answer shall contain full, direct and specific answers to each claim set forth
			 in the objection admitting, denying, or explaining material facts.
2. If there is insufficient knowledge to
			 answer with specificity, it shall so be stated and, thus, shall be treated as a
			 general denial.
3. The answer shall
			 contain all affirmative defenses which are relied upon and may cite the
			 statute(s) and/or regulation(s) which form the basis of each defense.
4. All allegations contained in the objection
			 which are not specifically denied in the answer shall be deemed
			 admitted.
5. All new matters
			 contained in the answer shall be treated as if denied by the
			 objector.
(d)
Amendments and Withdrawal of Pleadings
. The Commission
			 or presiding officer upon his own initiative or upon the motion of any party
			 may, in his discretion, order any party to file an answer or other pleading, or
			 to reply to any pleading and further permit either party to amend its pleadings
			 upon conditions just to all parties.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 59.00 - State Ballot Law Commission: Adjudicatory Proceedings › Section 59.04 - Discovery and Intervention

Current through Register 1525, July 5, 2024
(1)
Discovery
.
(a)
1.
Requests for
			 Documents
. Any party to an adjudicatory proceeding may request any
			 other party to produce or make available for inspection, copying or
			 photocopying any documents or tangible things, not privileged, not previously
			 supplied, which are in the possession, custody, or control of the party upon
			 whom the request is made, and which are relevant to the subject matter of the
			 proceeding.
2.
Procedure
. The request may be served upon the party
			 after commencement of the action and shall set forth the times to be inspected
			 by individual item or category with reasonable particularity. Such inspection
			 shall be made at the office of the Commission or such other place as the
			 Commission shall designate. The party upon whom the request is served shall
			 respond at least 24 hours before hearing.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 59.00 - State Ballot Law Commission: Adjudicatory Proceedings › Section 59.05 - Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1)
Hearings and Conferences
.
(a)
Pre-hearing
			 Conference
.
1. The Commission or
			 presiding officer may upon its own initiative or upon the application of any
			 party, call upon the parties to appear for a conference to consider:
a. the simplification or clarification of the
			 issues;
b. the possibility of
			 obtaining stipulations, admissions, agreements on documents, understandings on
			 matters already of record, or similar agreement which will avoid unnecessary
			 proof;
c. the limitation of the
			 number of expert witnesses, or avoidance of similar cumulative evidence, if the
			 case is to be heard;
d. the
			 possibility of agreement disposing of all or any of the issues in dispute;
			 and
e. such other matters as may
			 aid in the disposition of the adjudicatory proceeding.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 59.00 - State Ballot Law Commission: Adjudicatory Proceedings › Section 59.06 - Decisions

Current through Register 1525, July 5, 2024
(1)
Decisions
. Every
			 decision shall contain a statement of the reason therefor, including a
			 determination of every issue of fact or law necessary to the decision. Every
			 decision must be signed by at least three Commissioners, each of whom must have
			 either attended all hearings or have read or heard the entire record.
(2) The decision of the Commission may:
(a) Dismiss the objection, for lack of
			 timeliness, jurisdiction, or standing, failure to state a claim upon which
			 relief can be granted, or any other legal reason;
(b) Enter a decision by default against any
			 party for failure to appear, unnecessary delay, or any failure to comply with
			 any provision of
			 950 CMR 59.00 if that failure
			 affects substantial right;
(c)
			 Sustain the objection on the merits, and order the Secretary not to print on
			 the ballot the name of the respondent candidate or the question supported by
			 the respondent petitioners;
(d)
			 Overrule the objection on the merits;
(e) Make informal disposition of the
			 proceeding by stipulation, agreed settlement, or consent order; or
(f) Grant whatever other relief justice
			 requires and is within the scope of its authority.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 59.00 - State Ballot Law Commission: Adjudicatory Proceedings › Section 59.07 - Miscellaneous Provisions

Current through Register 1525, July 5, 2024
(1)
Preamble
. Adjudicatory rules of practice and procedure
			 of the State Ballot Law Commission are applicable to all proceedings held under
			 M.G.L. c. 55B and
			 950 CMR 59.00.
(2)
Amendment
.
			 950 CMR 59.00 may be amended
			 at any time, but unless provided otherwise, the amendment shall not affect any
			 pending proceeding.
(a) Any interested person
			 may petition the Commission requesting the adoption, amendment, or repeal of
			 any regulation, under M.G.L. c. 30A, § 4.
(b) This petition shall be filed with the
			 Secretary and shall be considered by the Commission at its next
			 meeting.
(c) All amendments shall
			 be effective as of the date of publication thereof unless otherwise
			 specifically provided.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.01 - Scope

Current through Register 1525, July 5, 2024
950
				CMR 60.00 sets forth the procedures for implementing
				the Voting Equipment Loan Fund Program under the direction of the Secretary of
				the Commonwealth, subject to and in accordance with M.G.L. c. 9, §
				30.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.02 - Purpose

Current through Register 1525, July 5, 2024
The Voting Equipment Loan Fund Program provides loans to
				municipalities to replace 235 votomatic punch card voting systems and datavote
				punch card voting systems. The Secretary will approve loans to those
				municipalities that meet loan fund criteria and can accomplish the scope of the
				work in a timely manner. The Secretary may issue as deemed necessary and
				appropriate, administrative procedures, policies and guidance documents
				required to effectively carry out
				950
				CMR 60.00. Nothing contained herein is intended to
				discourage or prohibit municipalities from using their own funds for similar
				purposes.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.03 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of
				950
				CMR 60.00
et seq
. the following words
				shall, unless the context otherwise indicates, have the following
				meanings:
Data vote punch card voting system
means a system of voting where candidates names are printed on a punch
				card.
Eligible municipalities
means a
				municipality which has replaced punch card voting systems and datavote punch
				card systems on or after January 1, 1995.
Punch card voting system
means a
				system of voting utilizing a 235 voting position punch card.
Reasonable rate of interest
means a
				reasonable rate of interest as determined by the Secretary of Administration
				and Finance.
Secretary
means the Secretary of the
				Commonwealth.
Timely
means voting equipment which
				has been approved by the Secretary at least 180 days before a state or
				municipal election.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.04 - Overview

Current through Register 1525, July 5, 2024
The Secretary of the Commonwealth shall provide, subject to
				appropriation, a loan to eligible municipalities to replace voting equipment,
				provided that such loans shall be repaid, together with a reasonable rate of
				interest, not later than ten years after the loan is made, and further, that
				said method of repayment shall be through a deduction on a recipient
				municipality's cherry sheet. Loan repayments shall begin in the second quarter
				of the fiscal year in which the loan is made, or if the loan is made in the
				third or fourth quarter of a fiscal year, the second quarter of the next fiscal
				year.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.05 - Loan Application

Current through Register 1525, July 5, 2024
Eligible municipalities must submit a complete loan application
				to the Secretary. The loan application shall specify the type of voting
				equipment that shall be purchased, the total cost of the voting equipment, the
				amount of the loan requested, the proposed amortization period, dollar costs to
				be repaid over that period, the total dollar amount to be repaid each year, and
				such other information as the Secretary may require. The application must be
				duly authorized and executed by the appropriate municipal official(s)
				.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.06 - Approval

Current through Register 1525, July 5, 2024
The Secretary shall review the application to determine the
				adequacy, accuracy and completeness of the information contained therein. Prior
				to taking final action on the application, the Secretary may request that the
				applicant provide additional information or attend a meeting or meetings with
				the Secretary to discuss the application. The Secretary shall, subject to
				appropriation, approve loans in the order received, in such amount as he, in
				his discretion, deems appropriate.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.07 - Award

Current through Register 1525, July 5, 2024
If the Secretary determines that a municipality is eligible for
				a loan, has complied with all requirements contained herein, and that there are
				available funds appropriated in the Voting Equipment Loan Fund, he shall notify
				the municipality.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 60.00 - Voting Equipment Loan Fund › Section 60.08 - Loan Agreement

Current through Register 1525, July 5, 2024
Prior to receiving the funds, the municipality must execute a
				Commonwealth of Massachusetts
Standard Terms and Conditions
in
				conjunction with a
Loan Agreement
. The Contract must be
				accompanied by an opinion of municipal legal counsel that the obligation is
				duly authorized, legal, valid, binding and enforceable.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.01 - Purpose

Current through Register 1525, July 5, 2024
(1)
								950 CMR 62.00 describes the
			 practices and procedures of the Secretary of the Common-wealth relative to
			 M.G.L. c.110H, Registration and Protection of Trademarks.
(2) The Trademark Section, which is under the
			 supervision of the Director of the Corporations Division, administers the
			 provisions of the M.G.L. c. 110H pertaining to trademarks and service marks.
			 The Director is empowered to hear, examine and investigate matters subject to
			 M.G.L. c. 110H and may, subject to the approval of the Secretary, make, amend
			 and rescind such rules, forms and orders contemplated thereby and, without
			 limiting the generality of the foregoing, issue written interpretations
			 thereof.
(3) The Director may
			 authorize exceptions to
			 950 CMR 62.00 with respect to
			 any specific requirement provided that such exceptions to
			 950 CMR 62.00 are in
			 conformity with the provisions of the Massachusetts General Laws.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.03 - Singular and Plural Forms

Current through Register 1525, July 5, 2024
Singular nouns shall include the plural form and plural nouns
				shall include the singular unless the context otherwise
				requires.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.04 - Place to File

Current through Register 1525, July 5, 2024
(1) Documents shall
			 be mailed or delivered to the Division at: Secretary of the Commonwealth,
			 Corporations Division, Trademark Section, One Ashburton Place, 17th Floor,
			 Boston, MA 02108-1512.
(2) If the
			 document is mailed the envelope shall clearly identify the type of document
			 enclosed. Documents submitted to any other area of the office, to any district
			 office or not properly addressed will not be considered received by the
			 Division at the address noted in 950 CMR 62.04(1).
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.05 - On-line Services

Current through Register 1525, July 5, 2024
(1) The Division
			 offers on-line services at the Division's website. Services offered on line
			 include filing documents via facsimile, forms and searches of the trademark and
			 service mark database.
(2) General
			 inquiries to the Trademark Section my also be made by electronic mail to
			 corpinfo@sec.state.ma.us. Electronic mail cannot be used to file
			 trademark/service mark documents, request certificates or searches of the
			 records.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.06 - Division Hours

Current through Register 1525, July 5, 2024
(1) The regular
			 business hours of the trademark section are Monday through Friday from 8:45
			 A.M. to 4:00 P.M. excluding holidays. The regular business of the public search
			 room and phone room are Monday through Friday from 8:45 A.M. to 5:00 P.M.
			 excluding holidays.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.07 - General Filing Requirements

Current through Register 1525, July 5, 2024
(1) A document
			 shall be submitted in the English language.
(2) A document shall be typed or printed. It
			 may not be handwritten.
(3) A
			 document shall contain all of the information required by M.G.L. c. 110H and
			 950 CMR 62.00.
(4) A document must be signed, and verified,
			 by oath, affirmation or declaration subject to perjury laws by the applicant or
			 by a member of the firm or an officer of the corporation or association. The
			 signature must be original unless submitted by authorized facsimile
			 transmission. If the applicant is a juristic person, the capacity of the
			 lawfully authorized representative must be provided.
(5) The Division waives the requirement of
			 three specimens contained in M.G.L. c. 110H, § 3(e). An application to
			 register a mark or to renew a mark need only be accompanied by one specimen not
			 larger than 3 inches by 3 inches.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.08 - Forms

Current through Register 1525, July 5, 2024
The Division supplies forms for documents to be filed with the
				Trademark Section. The use of official forms is optional. Copies of the forms
				are available in the Office of the Secretary of the Commonwealth or on the
				Division's website. Any document submitted to the Division not on an official
				form must be on standard size paper, 8½ by 11 inches and follow the
				format specifications contained in
				950 CMR 62.00. The minimum
				font size is ten. A document which does not comply with size requirements,
				format specifications or font size will be rejected.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.09 - Document Delivery

Current through Register 1525, July 5, 2024
A document may be tendered for filing by:
(1) personal or courier delivery to the
			 Division at Secretary of the Commonwealth, Corporations Division, Trademark
			 Section, One Ashburton Place, 17th Floor, Boston, Massachusetts, during regular
			 business hours;
(2) postal service
			 delivery addressed to Secretary of the Commonwealth, Corporations Division,
			 Trademark Section, One Ashburton Place, 17th Floor, Boston, MA 02108.
			 Additionally, the envelope must identify the type of document enclosed;
			 or
(3) facsimile delivery in a
			 manner authorized by the Division on its website.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.10 - Effective Time and Date

Current through Register 1525, July 5, 2024
An application to register a mark or other document submitted
				to the Trademark Section shall become effective at the time and on the date the
				Division determines the mark or other document complies with
				law.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.11 - Fees and Methods of Payment

Current through Register 1525, July 5, 2024
(1) The
			 fees for filing documents are as follows:
(a)
			 Trademark/Service Mark Application $50.00 per class
(b) Renewal 50.00 per class
(c) Assignment 50.00 per class
(d) Registrant Name or Address Amendment
			 50.00 per class
(e) The fee for a
			 document filed by facsimile is $45.00 per class for Applications, Renewals and
			 Assignments and $45.00 for a Registrant Name or Address Amendment. Facsimile
			 transactions will be subject to an additional expedited service fee assessed by
			 a third party vendor.
(f) Other
			 fees, including the fee for copies of documents are set forth in
			 801 CMR
			 4.00: Rates, issued by the Executive Office for
			 Administration and Finance.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.12 - Computation of Time

Current through Register 1525, July 5, 2024
Computation of any period of time referred to in
				950 CMR 62.00 shall begin
				with the first day following the act which initiates such period of time when
				the last day of the period so computed is a day on which the office is closed,
				the period shall run until the end of business on the date the Division is next
				open for business when such period of time, with intervening Saturdays, Sundays
				and legal holidays counted is five days or less than said Saturdays, Sundays
				and legal holidays shall be excluded from the computation.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.13 - Registration

Current through Register 1525, July 5, 2024
(1) An applicant who uses a mark in the
			 Commonwealth may file an application for registration with the Division. The
			 application for registration consists of a form supplied by the Division or a
			 document formatted in the same manner as the Division form. The application for
			 registration shall contain:
(a) the
			 applicant's name and business address;
(b) if the applicant is a business entity,
			 the type of entity and the state and date of organization;
(c) if applicant is a partnership, the names
			 of the general partners;
(d)
			 whether the applicant is seeking to register a trademark or a service
			 mark;
(e) a written description of
			 the mark;
(f) a brief description
			 of the goods or services used in connection with the mark;
(g) for each class, the number and class in
			 which the goods or services fall;
(h) a brief description of how the mark is
			 used in connection with the goods or services;
(i) the date the mark was first used
			 anywhere, and in Massachusetts;
(j)
1. whether an application to register the
			 mark or portions of the mark have been filed in the United States Patent and
			 Trademark Office;
2. if yes, for
			 each application, provide the filing date and serial number; and
3. the status of the application;
			 and
4. if the application has been
			 refused, provide the reason for refusal.
(k) a statement that the applicant is the
			 owner of the mark, that the mark is in use, and that to the best of the
			 applicant's knowledge, no other person has registered either federally or in
			 Massachusetts or has the right to use the mark in identical form or in such
			 near resemblance as to be likely, when applied to the goods or services of such
			 person, as to cause confusion, mistake or deceive.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.14 - Refusal to Register

Current through Register 1525, July 5, 2024
The Division may refuse to register a mark if:
(1) the mark consists of or comprises
			 immoral, deceptive or scandalous matter;
(2) the mark consists of or comprises matter
			 which may disparage or falsely suggest a connection with persons, institutions,
			 beliefs or national symbols;
(3)
			 the mark consists of or comprises the flag or coat of arms or other insignia of
			 the United States or any state, municipality or other foreign nation or any
			 simulation thereof;
(4) the mark
			 consists of or comprises the name, signature or portrait of a living individual
			 without written consent; or
(5) the
			 mark consists of a mark which is merely descriptive or deceptively
			 mis-descriptive of the goods or services of the applicant. A mark is
			 descriptive if it describes a purpose, characteristic or quality of the goods.
			 A mark is geographically descriptive if the mark uses geographic location to
			 identify goods or services. A mark may also be descriptive if it is primarily a
			 surname;
(6) The mark is likely to
			 cause confusion with a previously registered mark or a trade name currently in
			 use.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.15 - Procedure Upon Refusal to File

Current through Register 1525, July 5, 2024
(1) If the
			 Secretary finds that a document does not comply with law or contain the
			 information required by
			 950 CMR 62.00, the Division
			 shall notify the applicant in writing and specify the reasons for refusal. The
			 notice may be posted on the Division's website, sent by mail, postage pre-paid,
			 to the address provided by applicant, or if the applicant has provided the
			 Division with an electronic mail address, to such address. The applicant shall
			 have a reasonable period of time specified by Secretary in which to reply or
			 amend the application, in which event the application shall be re-examined. If
			 the applicant fails to reply or amend within the specified period, the
			 application shall be considered abandoned. This procedure may be repeated until
			 the Secretary notifies applicant of his intent to finally refuse registration
			 of the mark. Applicant may, within 20 days of the date of the notice, request
			 to be heard at an adjudicatory proceeding before the Division subject to the
			 provisions of M.G.L. c. 30A, the State Administrative Procedure Act. The
			 proceedings shall be governed by and conducted in accordance with
			 950 CMR 101.00: Adjudicatory
			 Proceedings: Corporations Division.
(2) Upon the expiration of the 20 day period
			 or conclusion of the adjudicatory proceedings, if applicable, the Secretary
			 shall issue a notice of final refusal to register. Upon such notice, applicant
			 may seek a writ of mandamus to compel registration.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.16 - Renewal

Current through Register 1525, July 5, 2024
(1) Registration of a mark is effective for a
			 term of five years from the date of the registration. A mark may be renewed for
			 an additional five-year period by application filed within six months before
			 the expiration of the term.
(2) The
			 application for renewal consists of a form supplied by the Division or a
			 document formatted in the same manner as the Division form. The application for
			 renewal shall contain:
(a) the applicant's
			 name and business address;
(b) a
			 written description of the mark;
(c) for each class, the number and class in
			 which the goods or services fall;
(d) the registration date and
			 number;
(e) a statement that the
			 renewal applicant is the owner of the mark, that the mark has been and is still
			 in use in Massachusetts, and that the attached specimen shows actual use of the
			 mark on or in connection with the goods or services in the class
			 noted.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.17 - Assignment

Current through Register 1525, July 5, 2024
(1) A mark that has been registered with the
			 Division may be assigned by a duly executed writing. The assignment may be
			 recorded by filing an application with the Division. The application for
			 assignment consists of a form supplied by the Division or a document formatted
			 in the same manner as the Division form. The application for assignment shall
			 contain:
(a) the registrant's name and
			 business address;
(b) a written
			 description of the mark;
(c) for
			 each class, the number and class in which the goods or services fall;
(d) the registration date and
			 number;
(e) a statement that the
			 registrant assigns the mark and its registration; and
(f) the name and business address of the
			 assignee.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.18 - Registrant Name or Address Change

Current through Register 1525, July 5, 2024
(1) A
			 registrant that has effected a change of name or change of address may file an
			 amendment changing its name and/or address. The amendment consists of a form
			 supplied by the Division or a document formatted in the same manner as the
			 Division form. The amendment shall contain:
(a) the applicant's name and business
			 address;
(b) a written description
			 of the mark;
(c) for each class,
			 the number and class in which the goods or services fall;
(d) the registration date and number;
			 and
(e) the registrant's new name;
			 and/or
(f) new business
			 address.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 62.00 - Trademark Administration, General Provisions And Definitions › Section 62.19 - Cancellation

Current through Register 1525, July 5, 2024
(1) The Division may cancel a mark where the
			 registrant has voluntarily requested cancellation, where the mark is not
			 renewed, or where the superior court has found:
(a) that the mark has been
			 abandoned;
(b) that the registrant
			 is not the owner of the mark;
(c)
			 that the registration was granted improperly or fraudulently;
(d) that the mark has become generic for
			 goods or services for which it was registered;
(e) that the mark is so similar as to cause
			 confusion or be mistaken for a mark registered by another person in the U.S.
			 Patent and Trademark Office prior to the date of filing the application for
			 registration and has not been abandoned; or
(f) that other grounds sufficient to warrant
			 cancellation exist.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 64.00 - Requisites And Procedures For The Registration Of Trademarks And Service Marks › Section 64.01 - Application for Registration

Current through Register 1525, July 5, 2024
(1) The application
			 for initial or renewal registration of a trademark shall contain the
			 information specified in the appropriate application form and shall be
			 accompanied by the following:
(a) The filing
			 fee
(b) Duplicate copy to be
			 returned to applicant
(c) Three
			 specimens or facsimiles of the trademark.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 64.00 - Requisites And Procedures For The Registration Of Trademarks And Service Marks › Section 64.02 - Application for Assignment

Current through Register 1525, July 5, 2024
(1) The application
			 for the assignment of a trademark or service mark shall contain the information
			 specified in the appropriate form and shall be accompanied by the following:
(a) The filing fee
(b) A copy of the assignment
			 agreement
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 64.00 - Requisites And Procedures For The Registration Of Trademarks And Service Marks › Section 64.03 - Registration Restrictions

Current through Register 1525, July 5, 2024
M.G.L. c. 110B, § 3 established certain restrictions as to
				the registration of a trademark or service mark. No person may register a mark
				which violates any one or more of the aforesaid restrictions.
Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 64.00 - Requisites And Procedures For The Registration Of Trademarks And Service Marks › Section 64.04 - Certificate of Registration

Current through Register 1525, July 5, 2024
(1) Upon compliance
			 with the requirements of M.G.L. c. 110B a certificate of registration shall be
			 issued and delivered to the applicant.
(2) The certificate of registration shall
			 contain the following information:
(a) The
			 name and business address of person claiming ownership of the trademark or
			 service mark. If it is a corporation then the state of incorporation shall be
			 so listed.
(b) The date claimed for
			 the first use of the trademark or service mark anywhere.
(c) The date claimed for the first use of the
			 trademark or service mark in the Commonwealth.
(d) The class of goods or services on which
			 the trademark or service is used and a description of the goods or
			 services.
(e) A reproduction of the
			 trademark or service mark.
(f) The
			 registration date and term of registration.