REPORT TITLE: 
Trademarks


DESCRIPTION:
Repeals the existing trademark law (chapter 482, HRS) and
replaces it with a new chapter based on the Revised Model State
Trademark Bill developed by the International Trademark
Association.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.80         
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO TRADEMARKS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Title 11, Hawaii Revised Statutes, is amended by
 
 2 adding a new chapter to be designated chapter 482 and to read as
 
 3 follows:
 
 4                           "CHAPTER 482
 
 5                            TRADEMARKS
 
 6      §   -1  Definitions.  As used in this chapter unless the
 
 7 context otherwise requires:
 
 8      "Applicant" means the person filing an application for
 
 9 registration of a mark under this chapter, and the legal
 
10 representatives, successors, or assigns of such person.
 
11      "Dilution" means the lessening of the capacity of a famous
 
12 mark to identify and distinguish goods or services, regardless of
 
13 the presence or absence of:
 
14      (1)  Competition between the owner of the famous mark and
 
15           other parties; or
 
16      (2)  Likelihood of confusion, mistake, or deception.
 
17      "Director" means the director of commerce and consumer
 
18 affairs.
 

 
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 1      "Juristic person" includes a firm, partnership, corporation,
 
 2 union, association, or other organization capable of suing and
 
 3 being sued in a court of law.
 
 4      "Mark" includes any trademark or service mark, entitled to
 
 5 registration under this chapter whether registered or not.  A
 
 6 mark shall be deemed to be abandoned when either of the following
 
 7 occurs:
 
 8      (1)  When its use has been discontinued with intent not to
 
 9           resume such use. Intent not to resume may be inferred
 
10           from circumstances. Nonuse for two consecutive years
 
11           shall constitute prima facie evidence of abandonment;
 
12           or
 
13      (2)  When any course of conduct of the owner, including acts
 
14           of omission as well as commission, causes the mark to
 
15           lose its significance as a mark.
 
16      "Person" and any other word or term used to designate the
 
17 applicant or other party entitled to a benefit or privilege or
 
18 rendered liable under the provisions of this chapter includes a
 
19 juristic person as well as a natural person. 
 
20      "Registrant" means the person to whom the registration of a
 
21 mark under this chapter is issued, and the legal representatives,
 
22 successors, or assigns of such person.
 

 
 
 
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 1      "Service mark" means any word, name, symbol, or device or
 
 2 any combination thereof used by a person, to identify and
 
 3 distinguish the services of one person, including a unique
 
 4 service, from the services of others, and to indicate the source
 
 5 of the services, even if that source is unknown. Titles,
 
 6 character names used by a person, and other distinctive features
 
 7 of radio or television programs may be registered as service
 
 8 marks notwithstanding that they, or the programs, may advertise
 
 9 the goods of the sponsor. 
 
10      "Trademark" means any word, name, symbol, or device or any
 
11 combination thereof used by a person to identify and distinguish
 
12 the goods of such person, including a unique product, from those
 
13 manufactured or sold by others, and to indicate the source of the
 
14 goods, even if that source is unknown.
 
15      "Trade name" means any name used by a person to identify a
 
16 business or vocation of such person.
 
17      "Use" means the bona fide use of a mark in the ordinary
 
18 course of trade, and not made merely to reserve a right in a
 
19 mark. A mark shall be deemed to be in use:
 
20      (1)  On goods when it is placed in any manner on the goods
 
21           or other containers or the displays associated
 
22           therewith or on the tags or labels affixed thereto, or
 
23           if the nature of the goods makes such placement
 

 
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 1           impracticable, then on documents associated with the
 
 2           goods or their sale, and the goods are sold or
 
 3           transported in commerce in this state;and
 
 4      (2)  On services when it is used or displayed in the sale or
 
 5           advertising of services and the services are rendered
 
 6           in this state.
 
 7      §    -2  Registrability.  A mark by which the goods or
 
 8 services of any applicant for registration may be distinguished
 
 9 from the goods or services of others shall not be registered if
 
10 it:
 
11      (1)  Consists of or comprises immoral, deceptive, or
 
12           scandalous matter;
 
13      (2)  Consists of or comprises matter that may disparage or
 
14           falsely suggest a connection with persons, living or
 
15           dead, institutions, beliefs, or national symbols, or
 
16           bring them into contempt, or disrepute;
 
17      (3)  Consists of or comprises the flag or coat of arms or
 
18           other insignia of the United States, or of any state or
 
19           municipality, or of any foreign nation, or any
 
20           simulation thereof;
 
21      (4)  Consists of or comprises the name, signature, or
 
22           portrait identifying a particular living individual,
 
23           except by the individual's written consent;
 

 
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 1      (5)  Consists of a mark that:
 
 2           (A)  When used on or in connection with the goods or
 
 3                services of the applicant, is merely descriptive
 
 4                or deceptively misdescriptive of them;
 
 5           (B)  When used on or in connection with the goods or
 
 6                services of the applicant is primarily
 
 7                geographically descriptive or deceptively
 
 8                misdescriptive of them; or
 
 9           (C)  Is primarily merely a surname; provided that
 
10                nothing in this paragraph shall prevent the
 
11                registration of a mark used by the applicant that
 
12                has become distinctive of the applicant's goods or
 
13                services. The director may accept as evidence that
 
14                the mark has become distinctive, as used on or in
 
15                connection with the applicant's goods or services,
 
16                proof of continuous use thereof as a mark by the
 
17                applicant in this state for the five years before
 
18                the date on which the claim of distinctiveness is
 
19                made;
 
20           or
 
21      (6)  Consists of or comprises a mark that so resembles a
 
22           mark registered in this state or a mark or trade name
 
23           previously used by another and not abandoned, as to be
 

 
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 1           likely, when used on or in connection with the goods or
 
 2           services of the applicant, to cause confusion or
 
 3           mistake or to deceive.
 
 4      §   -3  Application for registration.(a)  Subject to the
 
 5 limitations set forth in this chapter, any person who uses a mark
 
 6 may file in the office of the director, in a manner complying
 
 7 with the requirements of the director, an application for
 
 8 registration of that mark setting forth, but not limited to, the
 
 9 following information:
 
10      (1)  The name and business address of the person applying
 
11           for such registration; and, if a corporation, the state
 
12           of incorporation, or if a partnership, the state in
 
13           which the partnership is organized and the names of the
 
14           general partners, as specified by the director;
 
15      (2)  The goods or services on or in connection with which
 
16           the mark is used and the mode or manner in which the
 
17           mark is used on or in connection with such goods or
 
18           services and the class in which such goods or services
 
19           fall;
 
20      (3)  The date when the mark was first used anywhere and the
 
21           date when it was first used in this state by the
 
22           applicant or a predecessor in interest; and
 

 
 
 
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 1      (4)  A statement that the applicant is the owner of the
 
 2           mark, that the mark is in use, and that, to the
 
 3           knowledge of the person verifying the application, no
 
 4           other person has registered, either federally or in
 
 5           this state, or has the right to use such mark either in
 
 6           the identical form thereof or in such near resemblance
 
 7           thereto as to be likely, when applied to the goods or
 
 8           services of such other person, to cause confusion, or
 
 9           to cause mistake, or to deceive. 
 
10      (b)  The director may also require a statement as to whether
 
11 an application to register the mark, or portions or a composite
 
12 thereof, has been filed by the applicant or a predecessor in
 
13 interest in the United States Patent and Trademark Office; and,
 
14 if so, the applicant shall provide full particulars with respect
 
15 thereto including the filing date and serial number of each
 
16 application, the status thereof and, if any application was
 
17 finally refused registration or has otherwise not resulted in a
 
18 registration, the reasons therefore.
 
19      (c)  The director may also require that a drawing of the
 
20 mark, complying with such requirements as the director may
 
21 specify, accompany the application.
 
22      (d)  The application shall be signed and verified (by oath,
 
23 affirmation, or declaration subject to perjury laws) by the
 

 
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 1 applicant or by a member of the firm or an officer of the
 
 2 corporation or association applying.
 
 3      (e)  The application shall be accompanied by three specimens
 
 4 showing the mark as actually used.
 
 5      (f)  The application shall be accompanied by the application
 
 6 fee payable to the director.
 
 7      §   -4  Filing of applications. (a)  Upon the filing of an
 
 8 application for registration and payment of the application fee,
 
 9 the director may cause the application to be examined for
 
10 conformity with this chapter.
 
11      (b)  The applicant shall provide any additional pertinent
 
12 information requested by the director including a description of
 
13 a design mark and may make, or authorize the director to make,
 
14 such amendments to the application as may be reasonably requested
 
15 by the director or deemed by the applicant to be advisable to
 
16 respond to any rejection or objection.
 
17      (c)  The director may require the applicant to disclaim an
 
18 unregisterable component of a mark otherwise registerable, and an
 
19 applicant may voluntarily disclaim a component of a mark sought
 
20 to be registered. No disclaimer shall prejudice or affect the
 
21 applicant's or registrant's rights then existing or thereafter
 
22 arising in the disclaimed matter, or the applicant's or
 
23 registrant's rights of registration on another application if the
 

 
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 1 disclaimed matter be or shall have become distinctive of the
 
 2 applicant's or registrant's goods or services.
 
 3      (d)  Amendments may be made by the director upon the
 
 4 application submitted by the applicant upon applicant's
 
 5 agreement; or a fresh application may be required to be
 
 6 submitted.
 
 7      (e)  If the applicant is found not to be entitled to
 
 8 registration, the director shall advise the applicant thereof and
 
 9 of the reasons therefor. The applicant shall have a reasonable
 
10 period of time specified by the director in which to reply or to
 
11 amend the application, in which event the application shall then
 
12 be reexamined. This procedure may be repeated until: (1) The
 
13 director finally refuses registration of the mark; or (2) The
 
14 application fails to reply or amend within the specified period,
 
15 whereupon the application shall be deemed to have been abandoned.
 
16      (f)  If the director finally refuses registration of the
 
17 mark, the applicant may appeal the directors decision.  Within
 
18 thirty days after the action by the director, the aggrieved
 
19 person may file a notice of appeal with the circuit court of the
 
20 first circuit.  The trial by the circuit court of any such
 
21 proceeding shall be de novo.  Proceedings for review by the
 
22 supreme court may be had and taken in the same manner as provided
 
23 for a review of a judgment of a circuit court.
 

 
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 1      (g)  In the instance of applications concurrently being
 
 2 processed by the director seeking registration of the same or
 
 3 confusingly similar marks for the same or related goods or
 
 4 services, the director shall grant priority to the applications
 
 5 in order of filing. If a prior-filed application is granted a
 
 6 registration, the other application or applications shall then be
 
 7 rejected. Any rejected applicant may bring an action for
 
 8 cancellation of the registration upon grounds of prior or
 
 9 superior rights to the mark, in accordance with the provisions of
 
10 section    -9.
 
11      §  -5 Certificate of registration.(a)  Upon compliance
 
12 by the applicant with the requirements of this chapter, the
 
13 director shall cause a certificate of registration to be issued
 
14 and delivered to the applicant. The certificate of registration
 
15 shall be issued under the signature of the director and the seal
 
16 of the state, and it shall show the name and business address
 
17 and, if a corporation, the state of incorporation, or if a
 
18 partnership, the state in which the partnership is organized and
 
19 the names of the general partners, as specified by the director,
 
20 of the person claiming ownership of the mark, the date claimed
 
21 for the first use of the mark anywhere and the date claimed for
 
22 the first use of the mark in this state, the class of goods or
 
23 services and a description of the goods or services on or in
 

 
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 1 connection with which the mark is used, a reproduction of the
 
 2 mark, the registration date and the term of the registration.
 
 3      (b)  Any certificate of registration issued by the director
 
 4 or a copy thereof duly certified by the director shall be
 
 5 admissible in evidence as competent and sufficient proof of the
 
 6 registration of such mark in any actions or judicial proceedings
 
 7 in any court of this state. 
 
 8      §   -6  Duration and renewal.(a)  A registration of mark
 
 9 shall be effective for a term of five years from the date of
 
10 registration and, upon application filed within six months prior
 
11 to the expiration of such term, in a manner complying with the
 
12 requirements of the director, the registration may be renewed for
 
13 a like term from the end of the expiring term. A renewal fee,
 
14 payable to the director, shall accompany the application for
 
15 renewal of the registration.
 
16      (b)  A registration may be renewed for successive periods of
 
17 five years in like manner. 
 
18      (c)  Any registration in force on the date on which this
 
19 chapter shall become effective shall continue in full force and
 
20 effect for the unexpired term thereof and may be renewed by
 
21 filing an application for renewal with the director complying
 
22 with the requirements of the director and paying the
 
23 aforementioned renewal fee therefor within six months prior to
 
24 the expiration of the registration. 
 

 
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 1      (d)  All applications for renewal under this chapter,
 
 2 whether of registrations made under this chapter or of
 
 3 registrations effected under any prior act, shall include a
 
 4 verified statement that the mark has been and is still in use and
 
 5 include a specimen showing actual use of the mark on or in
 
 6 connection with the goods or services. 
 
 7      §   -7  Assignments, changes of name and other instruments.
 
 8 (a)  Any mark and its registration hereunder shall be assignable
 
 9 with the good will of the business in which the mark is used, or
 
10 with that part of the good will of the business connected with
 
11 the use of and symbolized by the mark. Assignment shall be by
 
12 instruments in writing duly executed and may be recorded with the
 
13 director upon the payment of the recording fee payable to the
 
14 director who, upon recording of the assignment, shall issue in
 
15 the name of the assignee a new certificate for the remainder of
 
16 the term of the registration or of the last renewal thereof. An
 
17 assignment of any registration under this chapter shall be void
 
18 as against any subsequent purchaser for valuable consideration
 
19 without notice, unless it is recorded with the director within
 
20 three months after the date thereof or prior to such subsequent
 
21 purchase.
 
22      (b)  Any registrant or applicant effecting a change of the
 
23 name of the person to whom the mark was issued or for whom an
 

 
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 1 application was filed may record a certificate of change of name
 
 2 of the registrant or applicant with the director upon the payment
 
 3 of the recording fee. The director may issue in the name of the
 
 4 assignee a certificate of registration of an assigned
 
 5 application. The director may issue in the name of the assignee,
 
 6 a new certificate or registration for the remainder of the term
 
 7 of the registration or last renewal thereof.
 
 8      (c)  Other instruments that relate to a mark registered or
 
 9 application pending pursuant to this chapter, such as, by way of
 
10 example, licenses, security interests or mortgages, may be
 
11 recorded in the discretion of the director, provided that such
 
12 instrument is in writing and duly executed.
 
13      (d)  Acknowledgement shall be prima facie evidence of the
 
14 execution of an assignment or other instrument and, when recorded
 
15 by the director, the record shall be prima facie evidence of
 
16 execution.
 
17      (e)  A photocopy of any instrument referred to in
 
18 subsections (a), (b), or (c) shall be accepted for recording if
 
19 it is certified by any of the parties thereto, or their
 
20 successors, to be a true and correct copy of the original.
 
21      §   -8  Records. The director shall keep for public
 
22 examination a record of all marks registered or renewed under
 
23 this chapter, as well as a record of all documents recorded
 
24 pursuant to section    -7. 
 

 
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 1      §   -9  Cancellation.  The director shall cancel from the
 
 2 register, in whole or in part:
 
 3      (1)  Any registration concerning which the director shall
 
 4           receive a voluntary request for cancellation thereof
 
 5           from the registrant or the assignee of record;
 
 6      (2)  All registrations granted under this chapter and not
 
 7           renewed in accordance with the provisions hereof;
 
 8      (3)  Any registration concerning which a court of competent
 
 9           jurisdiction shall find that the:
 
10           (A)  Registered mark has been abandoned;
 
11           (B)  Registrant is not the owner of the mark;
 
12           (C)  Registration was granted improperly;
 
13           (D)  Registration was obtained fraudulently;
 
14           (E)  Mark is or has become the generic name for the
 
15                goods or services, or a portion thereof, for which
 
16                it has been registered; or
 
17           (F)  Registered mark is so similar, as to be likely to
 
18                cause confusion or mistake or to deceive, to a
 
19                mark registered by another person in the United
 
20                States Patent and Trademark Office prior to the
 
21                date of the filing of the application for
 
22                registration by the registrant hereunder, and not
 
23                abandoned; provided that, should the registrant
 

 
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 1                prove that the registrant is the owner of a
 
 2                concurrent registration of a mark in the United
 
 3                States Patent and Trademark Office covering an
 
 4                area including this state, the registration
 
 5                hereunder shall not be cancelled for such area of
 
 6                the state; or
 
 7      (4)  When a court of competent jurisdiction shall order
 
 8           cancellation of a registration on any ground.
 
 9      §   -10  Classification.  The director shall adopt rules
 
10 pursuant to chapter 91 that establish a classification of goods
 
11 and services for convenience of administration of this chapter,
 
12 but not to limit or extend the applicant's or registrant's
 
13 rights, and a single application for registration of a mark may
 
14 include any or all goods upon which, or services with which, the
 
15 mark is actually being used indicating the appropriate class or
 
16 classes of goods or services. When a single application includes
 
17 goods or services that fall within multiple classes, the director
 
18 may require payment of a fee for each class. To the extent
 
19 practical, the classification of goods and services should
 
20 conform to the classification adopted by the United States Patent
 
21 and Trademark Office. 
 
22      §   -11  Fraudulent registration.  Any person who shall for
 
23 himself or herself, or on behalf of any other person, procure the
 

 
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 1 filing or registration of any mark in the office of the director
 
 2 under the provisions hereof, by knowingly making any false or
 
 3 fraudulent representation or declaration, orally or in writing,
 
 4 or by any other fraudulent means, shall be liable to pay all
 
 5 damages sustained in consequence of such filing or registration,
 
 6 to be recovered by or on behalf of the party injured thereby in
 
 7 any court of competent jurisdiction. 
 
 8      §   -12  Infringement.  Subject to section   -16, any
 
 9 person who shall:
 
10      (1)  Use, without the consent of the registrant, any
 
11           reproduction, counterfeit, copy, or colorable imitation
 
12           of a mark registered under this chapter in connection
 
13           with the sale, distribution, offering for sale, or
 
14           advertising of any goods or services on or in
 
15           connection with which such use is likely to cause
 
16           confusion or mistake or to deceive as to the source of
 
17           origin of such goods or services; or
 
18      (2)  Reproduce, counterfeit, copy, or colorably imitate any
 
19           such mark and apply such reproduction, counterfeit,
 
20           copy, or colorable imitation to labels, signs, prints,
 
21           packages, wrappers, receptacles, or advertisements
 
22           intended to be used upon or in connection with the sale
 
23           or other distribution in this state of such goods or
 

 
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 1           services; shall be liable in a civil action by the
 
 2           registrant for any and all of the remedies provided in
 
 3           section     -14, except that under paragraph (2), the
 
 4           registrant shall not be entitled to recover profits or
 
 5           damages unless the acts have been committed with the
 
 6           intent to cause confusion or mistake or to deceive.
 
 7      §   -13  Injury to business reputation; dilution.(a)  The
 
 8 owner of a mark that is famous in this state shall be entitled,
 
 9 subject to the principles of equity and upon such terms as the
 
10 court seems reasonable, to an injunction against another person's
 
11 commercial use of a mark or trade name, if such use begins after
 
12 the mark has become famous and causes dilution of the distinctive
 
13 quality of the mark, and to obtain such other relief as is
 
14 provided in this section. In determining whether a mark is
 
15 distinctive and famous, a court may consider factors such as, but
 
16 not limited to:
 
17      (1)  The degree of inherent or acquired distinctiveness of
 
18           the mark in this state;
 
19      (2)  The duration and extent of use of the mark in
 
20           connection with the goods and services with which the
 
21           mark is used;
 
22      (3)  The duration and extent of advertising and publicity of
 
23           the mark in this state;
 

 
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 1      (4)  The geographical extent of the trading area in which
 
 2           the mark is used;
 
 3      (5)  The channels of trade for the goods or services with
 
 4           which the mark is used;
 
 5      (6)  The degree of recognition of the mark in the trading
 
 6           areas and channels of trade in this state used by the
 
 7           mark's owner and the person against whom the injunction
 
 8           is sought;
 
 9      (7)  The nature and extent of use of the same or similar
 
10           mark by third parties; and
 
11      (8)  Whether the mark is the subject of a state registration
 
12           in this state, or a federal registration under the Act
 
13           of March 3, 1881, or under the Act of February 20,
 
14           1905, or on the principal register.
 
15      In an action brought under this section, the owner of a
 
16 famous mark shall be entitled only to injunctive relief in this
 
17 state, unless the person against whom the injunctive relief is
 
18 sought willfully intended to trade on the owner's reputation or
 
19 to cause dilution of the famous mark. If such willful intent is
 
20 proven, the owner shall also be entitled to the remedies set
 
21 forth in this chapter, subject to the discretion of the court and
 
22 the principles of equity. 
 

 
 
 
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 1      (b)  The following shall not be actionable under this
 
 2 section:
 
 3      (1)  Fair use of a famous mark by another person in
 
 4           comparative commercial advertising or promotion to
 
 5           identify the competing goods or services of the owner
 
 6           of the famous mark;
 
 7      (2)  Noncommericial use of the mark; or
 
 8      (3)  All forms of news reporting and news commentary.
 
 9      §   -14  Remedies.(a)  Any owner of a mark registered
 
10 under this chapter may proceed by suit to enjoin the manufacture,
 
11 use, display, or sale of any counterfeits or imitations thereof
 
12 and any court of competent jurisdiction may grant injunctions to
 
13 restrain such manufacture, use, display, or sale as may be by the
 
14 said court deemed just and reasonable, and may require the
 
15 defendants to pay to such owner all profits derived from and all
 
16 damages suffered by reason of such wrongful manufacture, use,
 
17 display, or sale; and such court may also order that any such
 
18 counterfeits or imitations in the possession or under the control
 
19 of any defendant in such case be delivered to an officer of the
 
20 court, or to the complainant, to be destroyed. The court, in its
 
21 discretion, may enter judgment for an amount not to exceed three
 
22 times such profits and damages and reasonable attorneys' fees of
 
23 the prevailing party in such cases where the court finds the
 

 
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 1 other party committed such wrongful acts with knowledge or in bad
 
 2 faith or otherwise as according to the circumstances of the case. 
 
 3      (b)  The enumeration of any right or remedy herein shall not
 
 4 affect a registrant's right to prosecute under any penal law of
 
 5 this state. 
 
 6      §   -15  Forum for actions regarding registration; service
 
 7 on out of state registrants.(a)  Actions to require
 
 8 cancellation of a mark registered pursuant to this chapter or
 
 9 upon appeal pursuant to section   -4(e) to compel registration of
 
10 a mark shall be brought in the circuit court of the first
 
11 circuit.  In an action for cancellation, the director shall not
 
12 be made a party to the proceeding but shall be notified of the
 
13 filing of the complaint by the clerk of the court in which it is
 
14 filed and shall be given the right to intervene in the action.
 
15      (b)  In any action brought against a nonresident registrant,
 
16 service may be effected upon the director as agent for service of
 
17 the registrant in accordance with the procedures established for
 
18 service upon nonresident corporations and business entities under
 
19 sections 415-115, 415B-9, and 428-110.
 
20      §   -16  Common law rights.  Nothing herein shall adversely
 
21 affect the rights or the enforcement of rights in marks acquired
 
22 in good faith at any time at common law. 
 

 
 
 
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 1      §    -17  Fees.  The director shall adopt rules pursuant to
 
 2 chapter 91 prescribing the fees payable for the various
 
 3 applications, recording fees, and fees for related services
 
 4 required by this chapter. Unless specified by the director, the
 
 5 fees payable are not refundable."
 
 6      SECTION 2.  Chapter 482, Hawaii Revised Statutes, is
 
 7 repealed.
 
 8      SECTION 3.  The revisor of statutes shall substitute all
 
 9 references made to chapter 482 in sections 92-28, 281-74, and
 
10 708- 875, Hawaii Revised Statutes, with the corresponding chapter
 
11 of the new law created and codified under this Act.
 
12      SECTION 4.  If any provision hereof, or the application of
 
13 such provision to any person or circumstance is held invalid, the
 
14 remainder of this chapter shall not be affected thereby.
 
15      SECTION 5.  This Act shall be in force and take effect after
 
16 its enactment but shall not affect any suit, proceeding, or
 
17 appeal then pending.  All acts relating to marks and parts of any
 
18 other acts inconsistent herewith are hereby repealed on the
 
19 effective date of this Act, provided that as to any application,
 
20 suit, proceeding, or appeal, and for that purpose only, pending
 
21 at the time this Act takes effect such repeal shall be deemed not
 
22 to be effective until final determination of said pending
 
23 application, suit, proceeding or appeal. The intent of this Act
 

 
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 1 is to provide a system of state trademark registration and
 
 2 protection substantially consistent with the federal system of
 
 3 trademark registration and protection under the Trademark Act of
 
 4 1946, as amended. To that end, the construction given the federal
 
 5 Act should be examined as persuasive authority for interpreting
 
 6 and construing this Act. 
 
 7      SECTION 6.  This Act shall take effect upon its approval. 
 
 8 
 
 9                         INTRODUCED BY:___________________________