SENATE DOCKET, NO. 508        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1821

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cynthia Stone Creem

_________________

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.

_______________

PETITION OF:

 

Name:

District/Address:

Cynthia Stone Creem

First Middlesex and Norfolk


SENATE DOCKET, NO. 508        FILED ON: 1/14/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1821

By Ms. Creem, a petition (accompanied by bill, Senate, No. 1821) of Cynthia Stone 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. 1687 OF 2017-2018.]

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

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 2016 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, as so appearing, 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 2016 Official Edition, is hereby amended by striking out clause (6) and inserting in place thereof the following clause:- 

(6)  a trademark or 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, as so appearing, is hereby further amended by striking out clause (6) and inserting in place thereof the following clause:-

(6)  a trademark or service mark registered with the secretary of state under chapter 110B or 110H.