SENATE DOCKET, NO. 96 FILED ON: 1/11/2017
SENATE . . . . . . . . . . . . . . No. 1687
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The Commonwealth of Massachusetts
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PRESENTED BY:
Cynthia Stone Creem
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act making technical corrections to the state trademarks act.
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PETITION OF:
Name: | District/Address: |
Cynthia Stone Creem | First Middlesex and Norfolk |
SENATE DOCKET, NO. 96 FILED ON: 1/11/2017
SENATE . . . . . . . . . . . . . . No. 1687
By Ms. Creem, a petition (accompanied by bill, Senate, No. 1687) of Cynthia S. Creem for legislation to make technical corrections to the State Trademarks Act. State Administration and Regulatory Oversight. |
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1619 OF 2015-2016.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act making technical corrections to the state trademarks act.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 3 of chapter 110H of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out paragraph (e) and inserting in place thereof the following paragraph:-
(e) The application shall be accompanied by 1 specimen showing the mark as actually used.
SECTION 2. Said chapter 110H is hereby further amended by adding the following section:-
Section 18. The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, as amended. To that end, the construction given the federal Act should be examined as persuasive authority for interpreting and construing this chapter to the extent of the consistency in the language.
SECTION 3. Paragraph (b) of section 4.01 of chapter 156D of the General Laws, as appearing in the 2014 Official Edition, is hereby further amended by striking out clause (6) and inserting in place thereof the following clause:-
(6) a trademark of service mark registered with the secretary of state under chapter 110B or 110H.
SECTION 4. Subsection (b) of section 15.06 of said chapter 156D is hereby further amended by striking out clause (6) and inserting in place thereof the following clause:-
(6) a trademark of service mark registered with the secretary of state under chapter 110B or 110H.