2005 Nevada Revised Statutes - Chapter 600 — Trademarks, Trade Names and Service Marks
CHAPTER 600 - TRADEMARKS, TRADE NAMES ANDSERVICE MARKS
GENERAL PROVISIONS
NRS 600.025 Documentwritten in foreign language filed with Secretary of State to be accompanied byverified translation in English language.
NAMES, MARKS AND DEVICES ON CONTAINERS, SUPPLIES AND EQUIPMENT
NRS 600.050 Filingand publication of trademark or trade name used on containers, supplies andequipment.
NRS 600.060 Purchaseof marked containers, supplies or equipment: Further filing and publicationunnecessary.
NRS 600.070 Presumptiveevidence of unlawful use and traffic in marked containers, supplies orequipment.
NRS 600.080 Depositsfor security of containers do not constitute sales.
NRS 600.090 Searchand seizure of containers, supplies or equipment unlawfully sold, filled orused.
NRS 600.100 Searchfor owner and restoration of lost property or property received in regularcourse of business.
NRS 600.110 Unlawfulacts concerning marked containers, supplies or equipment.
NRS 600.120 Penalty.
DESIGNATION OF LAUNDERED SUPPLIES
NRS 600.130 Definitions.
NRS 600.140 Rightto register, amend, renew, assign or cancel name, mark or device by filing andpublication.
NRS 600.150 Additionalprocedures for registration.
NRS 600.160 Filingfees.
NRS 600.170 Unlawfulacts; persons excepted.
NRS 600.180 Acceptanceof deposit as sale.
NRS 600.190 Evidentiaryeffect of use by unauthorized person of marked supplies.
NRS 600.200 Dutyof finders or receivers of marked supplies.
NRS 600.210 Issuanceof search warrant for unlawfully used supplies; authority of magistrate.
NRS 600.220 Impositionof punishment and award of possession.
NRS 600.230 Penalty.
REGISTRATION AND PROTECTION OF TRADEMARKS, TRADE NAMES ANDSERVICE MARKS
NRS 600.240 Definitions.
NRS 600.250 Applicantdefined.
NRS 600.260 Markdefined.
NRS 600.280 Registrantdefined.
NRS 600.290 Servicemark defined.
NRS 600.300 Trademarkdefined.
NRS 600.310 Tradename defined.
NRS 600.320 Whenmark is deemed to be used in Nevada.
NRS 600.330 Restrictionson registration.
NRS 600.340 Applicationfor registration: Contents; requirements; fee; return for correction.
NRS 600.343 Criteriafor specimen accompanying application for registration; change afterregistration.
NRS 600.350 Certificateof registration: Issuance; contents; admissibility in evidence.
NRS 600.355 Correctionof inaccurate statement in application for registration; issuance of amendedcertificate of registration; fee.
NRS 600.360 Expirationand renewal of registration; renewal fee.
NRS 600.370 Assignmentof mark and registration; fee.
NRS 600.380 Recordof registered marks.
NRS 600.390 Cancellationof registrations.
NRS 600.395 Feefor filing cancellation of registration.
NRS 600.400 Regulationsdefining classes of goods and services for registration.
NRS 600.410 Fraudulentregistration.
NRS 600.420 Infringementupon registered mark.
NRS 600.430 Civilremedies.
NRS 600.435 Actionto enjoin commercial use of mark that is famous in this State.
NRS 600.440 Rightsand remedies cumulative.
NRS 600.450 Unlawfulacts; penalty.
MISCELLANEOUS PROVISIONS
NRS 600.500 Employeris sole owner of patentable invention or trade secret developed by employee.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1997, 158)
NAMES, MARKS AND DEVICES ON CONTAINERS, SUPPLIES ANDEQUIPMENT
NRS
1. Engaged in the manufacture, packing, canning,bottling or selling of any substance in containers with his name or other markor device impressed or produced thereon; or
2. Whose equipment or supplies, owned by him and usedin his business, is marked or branded with a name or other mark or deviceimpressed or produced thereon,
may file inthe office of the county clerk of any county of this State and also in theOffice of the Commissioner of Food and Drugs, a description of the name, markor device so used; and may also cause such description to be published once aweek for 3 successive weeks in a newspaper published in the county in which thedescription may have been filed.
[1:145:1935; 1931 NCL 1473.01](NRS A 1959, 617)
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[6:145:1935; 1931 NCL 1473.06](NRS A 1985, 532)
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1. The use by any person other than the person whosename, mark or device shall be upon the same, without the written consent of theowner, unless the same shall have been purchased from the owner.
2. Possession by any junk dealer or dealer insecondhand articles.
[3:145:1935; 1931 NCL 1473.03]
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[4:145:1935; 1931 NCL 1473.04](NRS A 1985, 532)
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1. Whenever any person mentioned in
2. The magistrate may also cause the person in whosepossession such articles may be found to be brought before him. If themagistrate finds that the person is guilty of violating any provision of
[5:145:1935; 1931 NCL 1473.05](NRS A 1985, 532)
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[7:145:1935; 1931 NCL 1473.07]
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1. To use, or to fill with any substance, anycontainer marked or distinguished with or by any name, mark or device of whicha description shall have been filed and published as provided in
2. To sell, buy, give, take or otherwise traffic incontainers, or articles of supply or equipment, marked or distinguished with orby any name, mark or device of which a description shall have been filed andpublished as provided in NRS 600.050.
3. To erase, obliterate, cover up or conceal suchname, mark or device.
[2:145:1935; 1931 NCL 1473.02]
NRS
[8:145:1935; 1931 NCL 1473.08](NRS A 1985, 533)
DESIGNATION OF LAUNDERED SUPPLIES
1. Registrant means any person who files andpublishes a name, mark or device under NRS600.130 to 600.230, inclusive.
2. Supplies means towels, sheets, napkins,pillowcases, linens or other kindred articles bearing a name, mark or devicefiled and published under NRS 600.130 to600.230, inclusive.
(Added to NRS by 1957, 14)
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(Added to NRS by 1957, 14; A 1997, 158)
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1. File in the office of the county clerk of thecounty in which the principal place of business of the supplier is located, orif his place of business is located outside of the State then in the office ofthe county clerk of any county of the State, a description of the names, marksor devices so used; and
2. Cause the description of the name, mark or deviceto be printed once a week for 3 successive weeks in a newspaper published inthe county in which the description has been filed.
(Added to NRS by 1957, 14; A 1997, 159)
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(Added to NRS by 1957, 14; A 1997, 159)
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1. Selling, buying, renting, giving, taking orotherwise trafficking in any supplies bearing a name, mark or device registeredunder NRS 600.130 to
2. Obliterating or otherwise covering up, concealingor removing a name, mark or device registered under
3. Using a tablecloth or napkin in a place where foodis served to the public for any purpose other than that for which it wasintended. The words for which it was intended shall mean that a tablecloth ornapkin shall be used for the exclusive use of the customer of such place.
4. Laundering, washing, cleaning, renovating, orcausing such laundering, washing, cleaning or renovating, any towels, sheets,napkins, pillowcases, linens, or other supplies or kindred articles bearing aname, mark or device registered under NRS600.130 to 600.230, inclusive.
(Added to NRS by 1957, 14)
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(Added to NRS by 1957, 15)
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(Added to NRS by 1957, 15)
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(Added to NRS by 1957, 15)
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(Added to NRS by 1957, 15)
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(Added to NRS by 1957, 15)
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(Added to NRS by 1957, 15)
REGISTRATION AND PROTECTION OF TRADEMARKS, TRADE NAMES ANDSERVICE MARKS
NRS
(Added to NRS by 1979, 595; A 1995, 67; 1997, 159;
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(Added to NRS by 1979, 595)
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(Added to NRS by 1979, 595)
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(Added to NRS by 1979, 595)
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(Added to NRS by 1979, 595)
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(Added to NRS by 1979, 595)
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(Added to NRS by 1979, 595)
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1. On goods when it is placed in any manner on thegoods, their containers, the displays associated with them or on the tags orlabels affixed to them and the goods are sold or otherwise distributed in theState; and
2. On services when it is used or displayed in thesale or advertising of services and the services are rendered in this State.
(Added to NRS by 1979, 595)
NRS
1. Contains immoral, deceptive or scandalous matter.
2. Contains matter which may disparage or falselysuggest a connection with persons, living or dead, institutions, beliefs,national symbols or which may bring them into contempt or disrepute.
3. Resembles or simulates the flag or other insigniaof the United States, or of any state or municipality, or of any foreignnation.
4. Contains the name, signature or portrait of anyliving person, except when his written consent has been obtained.
5. Consists of a mark which:
(a) When applied to the goods or services of theapplicant, is merely descriptive or deceptively misdescriptive of them;
(b) When applied to the goods or services of theapplicant is primarily geographically descriptive or deceptively misdescriptiveof them; or
(c) Is primarily merely a surname,
but thissubsection does not prevent the registration of a mark used by the applicantwhich has become distinctive of the applicants goods or services. Proof of continuoususe of the mark by the applicant in this State or elsewhere for 5 years nextpreceding the date of the filing of the application for registration may beaccepted by the Secretary of State as evidence that the mark has becomedistinctive.
6. So resembles a mark registered in this State whichhas not been abandoned, that it is likely that confusion, mistake or deceptionmay result.
(Added to NRS by 1979, 595; A 1995, 67)
NRS
1. A person who has adopted and is using a mark inthis State may file in the Office of the Secretary of State, on a form to befurnished by the Secretary of State, an application for registration of thatmark setting forth, but not limited to, the following information:
(a) Whether the mark to be registered is atrademark, trade name or service mark;
(b) A description of the mark by name, words displayedin it or other information;
(c) The name and business address of the personapplying for the registration and, if it is a corporation, limited-liabilitycompany, limited partnership or registered limited-liability partnership, thestate of incorporation or organization;
(d) The specific goods or services in connection withwhich the mark is used and the mode or manner in which the mark is used inconnection with those goods or services and the class as designated by theSecretary of State which includes those goods or services;
(e) The date when the mark was first used anywhere andthe date when it was first used in this State by the applicant or hispredecessor in business which must precede the filing of the application; and
(f) A statement that the applicant is the owner of themark and that no other person has the right to use the mark in this Stateeither in the form set forth in the application or in such near resemblance toit as might deceive or cause mistake.
2. The application must:
(a) Be signed and verified by the applicant or by amember of the firm or an officer of the corporation or association applying.
(b) Be accompanied by a specimen or facsimile of themark on white paper that is 8 1/2 inches by 11 inches in size and by a filingfee of $100 payable to the Secretary of State.
3. If the application fails to comply with thissection or NRS 600.343, the Secretary ofState shall return it for correction.
(Added to NRS by 1979, 596; A 1993, 489; 1997, 159;
NRS
1. A specimen accompanying an application for theregistration of a mark must meet the following criteria:
(a) The specimen must agree with the mark as describedin the application, must agree with the mark as used, and evidence use of themark.
(b) If the specimen is a drawing, it must be asubstantially exact representation of the mark as actually used.
(c) The specimen must fit on a page of paper not largerthan 8 1/2 inches by 11 inches.
(d) A specimen may be a facsimile or photograph of themark.
(e) The specimen must be suitable for reproduction,retention and retrieval.
2. After registration, an applicant may not change thespecimen if the change constitutes a material alteration of the mark.
(Added to NRS by 1997, 158)
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1. Upon compliance by the applicant with therequirements of NRS 600.330 and
(a) The name and business address and, if acorporation, limited-liability company, limited partnership or registeredlimited-liability partnership, the state of incorporation or organization ofthe person claiming ownership of the mark;
(b) The date claimed for the first use of the markanywhere and the date claimed for the first use of the mark in this State;
(c) The class of goods or services to which the markapplies;
(d) A description of the goods or services on which themark is used;
(e) A reproduction of the mark;
(f) The registration date; and
(g) The term of the registration.
If a date offirst use contained in the application is indefinite, the certificate ofregistration must designate the latest definite date that can be inferred fromthe words used. If a month and year are given without specifying the day, thedate is presumed to be the last day of the month. If only a year is given, thedate is presumed to be the last day of the year.
2. The certificate of registration or a copy of thecertificate certified by the Secretary of State is admissible in evidence ascompetent and sufficient proof of the registration of the mark in any action orjudicial proceedings in any court of this State, and raises a disputablepresumption that the person to whom the certificate was issued is the owner ofthe mark in this State as applied to the goods or services described in thecertificate.
(Added to NRS by 1979, 596; A 1997, 160)
NRS
1. If any statement in an application for registrationof a mark was incorrect when made or any arrangements or other facts describedin the application have changed, making the application inaccurate in anyrespect without materially altering the mark, the registrant shall promptlyfile in the Office of the Secretary of State a certificate, signed by theregistrant or his successor or by a member of the firm or an officer of thecorporation or association to which the mark is registered, correcting thestatement.
2. Upon the filing of a certificate of amendment orjudicial decree of amendment and the payment of a filing fee of $60, theSecretary of State shall issue, in accordance with
(Added to NRS by 1995, 66; A 1997, 160;
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1. The registration of a mark is effective for 5 yearsfrom the date of registration and, upon application filed within 6 monthsbefore the expiration of that period, on a form to be furnished by theSecretary of State, the registration may be renewed for a successive period of5 years. A renewal fee of $50, payable to the Secretary of State, mustaccompany the application for renewal of the registration.
2. The registration of a mark may be renewed foradditional successive 5-year periods if the requirements of subsection 1 aresatisfied.
3. The Secretary of State shall give notice to eachregistrant when his registration is about to expire. The notice must be givenwithin the year next preceding the expiration date, by writing to theregistrants last known address.
4. All applications for renewals must include astatement that the mark is still in use in this State.
(Added to NRS by 1979, 597; A 1993, 489;
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1. A mark and its registration are assignable with thegood will of the business in which the mark is used, or with that part of thegood will of the business connected with the use of and symbolized by the mark.An assignment must:
(a) Be in writing;
(b) Be signed and acknowledged by the registrant or hissuccessor or a member of the firm or an officer of the corporation orassociation under whose name the mark is registered; and
(c) Be recorded with the Secretary of State upon thepayment of a fee of $100 to the Secretary of State who, upon recording theassignment, shall issue in the name of the assignee a certificate of assignmentfor the remainder of the period of the registration.
2. An assignment of any registration is void asagainst any subsequent purchaser for valuable consideration without notice,unless:
(a) The assignment is recorded with the Secretary ofState within 3 months after the date of the assignment; or
(b) The assignment is recorded before the subsequentpurchase.
(Added to NRS by 1979, 597; A 1987, 1114; 1993, 490;1995, 67; 2001, 3196)
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(Added to NRS by 1979, 597)
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1. After July 1, 1980, any filing or registration of amark which has expired and is not renewed in accordance with the provisions of
2. Any registration which the registrant or theassignee of record voluntarily requests be cancelled.
3. Any registration concerning which a court ofcompetent jurisdiction finds that:
(a) The registered mark has been abandoned.
(b) The registrant is not the owner of the mark.
(c) The registration was granted improperly.
(d) The registration was obtained fraudulently.
(e) The registered mark is likely to cause confusion ormistake or to deceive because of its similarity to a mark registered by anotherperson in the United States Patent and Trademark Office, before the date of thefiling of the application for registration by the registrant under
4. Any registration when a court of competentjurisdiction orders cancellation of the registration on any ground.
(Added to NRS by 1979, 597)
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(Added to NRS by 1987, 1114; A 1993, 490;
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1. The Secretary of State may adopt regulationsdefining general classes of goods and services for which a mark may beregistered. Classes defined pursuant to this subsection are deemed to be foradministrative convenience and must not be deemed to be exclusive or limit orextend the rights of the applicant or registrant.
2. A single application for registration of a mark mayinclude any goods within their class on which the mark is used, or any serviceswithin their class rendered in connection with the mark. If a mark is used formore than one class of goods or more than one class of services the applicantmust file a separate application for each class.
(Added to NRS by 1979, 598)
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(Added to NRS by 1979, 598)
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1. Who uses, without the consent of the registrant, anyreproduction, counterfeit, copy or colorable imitation of a mark registered inthis State in connection with the sale, offering for sale or advertising of anygoods or services, which use is likely to cause confusion or mistake or resultin deception as to the source of origin of such goods or services; or
2. Who reproduces, counterfeits, copies or colorablyimitates any mark registered in this State and applies or causes to apply thatreproduction, counterfeit, copy or colorable imitation to labels, signs,prints, packages, wrappers, receptacles or advertisements intended to be usedin conjunction with the sale or other distribution in this State of goods orservices,
is liable ina civil action by the owner of the registered mark for any or all of theremedies provided in NRS 600.430, exceptthat the owner of the mark is not entitled to recover profits or damages undersubsection 2 unless the act or acts were committed with knowledge that thereproduction, counterfeit, copy or imitation of the mark was intended to beused to cause confusion, mistake or deception.
(Added to NRS by 1979, 598)
1. Any owner of a mark registered in this State mayproceed by suit to enjoin the manufacture, use, display or sale of counterfeitsor imitations of it.
2. A court of competent jurisdiction may:
(a) Grant injunctions to restrain such manufacture,use, display or sale as it deems just and reasonable under the circumstances;
(b) Require the defendant to pay to the owner allprofits derived from the wrongful acts of the defendant and all damagessuffered by reason of these acts;
(c) Require the defendant to pay to the owner trebledamages on all profits derived from the willful and wrongful acts of thedefendant and treble damages on all damages suffered by reason of these acts;and
(d) Order that any counterfeits or imitations in thepossession or control of any defendant be delivered for destruction to anofficer of the court or to the complainant.
3. In an action brought pursuant to this section, thecourt may award costs and reasonable attorneys fees to the prevailing party.
4. The enumeration of any right or remedy in thissection does not affect a registrants right to prosecute under any penal lawof this State.
(Added to NRS by 1979, 599; A
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1. Except as otherwise provided in subsection 4, theowner of a mark that is famous in this State may bring an action to enjoincommercial use of the mark by a person if such use:
(a) Begins after the mark has become famous; and
(b) Causes dilution of the mark.
2. In determining whether a mark is famous in thisState, the court shall consider, without limitation, the following factors:
(a) The degree of inherent or acquired distinctivenessof the mark in this State.
(b) The duration and extent of use of the mark inconnection with the goods and services with which the mark is used.
(c) The duration and extent of advertisement andpromotion of the mark in this State.
(d) The geographical extent of the trading area inwhich the mark is used.
(e) The channels of trade for the goods or serviceswith which the mark is used.
(f) The degree of recognition of the mark in thetrading areas and channels of trade in this State used by the owner of the markand the person against whom the injunction is sought.
(g) The nature and extent of use of the same or similarmark by other persons.
(h) Whether the mark is registered in this State orregistered in the United States Patent and Trademark Office pursuant to federallaw.
3. Except as otherwise provided in this subsection,the owner of a mark that is famous may obtain only injunctive relief in anaction brought pursuant to this section. The owner of a mark that is famous isentitled to the remedies provided in NRS600.430 if the person using the mark willfully intended to cause dilutionof the mark or willfully intended to trade on the reputation of the owner ofthe mark.
4. The owner of a mark that is famous may not bring anaction pursuant to this section for the fair use of the mark by another personin comparative commercial advertising or promotion to identify the competinggoods or services of the owner of the mark.
5. As used in this section:
(a) Commercial use means use of a mark primarily forprofit. The term does not include use of a mark for research, criticism, newscommentary, news reporting, teaching or any similar use that is not primarilyfor profit.
(b) Dilution means a lessening in the capacity of amark that is famous to identify and distinguish goods or services, regardlessof the presence or absence of:
(1) Competition between the owner of the markand other persons; or
(2) Likelihood of confusion, mistake ordeception as to the source of origin of goods or services.
(Added to NRS by
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(Added to NRS by 1979, 599)
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1. It is unlawful for any person or corporation:
(a) To imitate any mark registered as provided in
(b) To use knowingly any counterfeit or imitationthereof;
(c) To use or display such genuine mark unlessauthorized to do so; or
(d) To use or display such genuine mark in a manner notauthorized by the registrant.
2. Any person violating any provision of subsection 1is guilty of a misdemeanor.
[3:180:1907; RL 4637; NCL 7697](NRS A 1967, 620;1979, 600; 1995, 68)
MISCELLANEOUS PROVISIONS
NRS
(Added to NRS by
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