| || |
DIGEST OF INTRODUCED BILL
Trademarks. Establishes that a color mark, scent mark, flavor mark, sound mark, or three dimensional mark may be registered under the state registration system if the mark meets certain conditions. Provides that: (1) a person may file an application to register a trademark or service mark if the person has a bona fide intention to use the mark and if certain requirements are met; and (2) a court may award attorney's fees to a prevailing party in an action concerning marks. Removes the provisions concerning trade names from the trademark law. Eliminates the authority of the secretary of state to require a person applying for registration of a mark to provide information on whether an application to register the mark has been filed in the United States Patent and Trademark Office.