48-515. FORUM FOR ACTIONS REGARDING REGISTRATION — SERVICE ON OUT-OF-STATE REGISTRANTS. (1) Actions to require cancellation of a mark registered pursuant to this act or to appeal the denial of registration of a mark pursuant to this act shall be brought in the district court in and for Ada county. In an action to compel registration, the proceeding shall be based solely upon the record before the secretary of state. In an action for cancellation, the secretary of state shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.
(2) In any action brought against a nonresident registrant, service may be effected upon the secretary of state as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under the Idaho rules of civil procedure.
History:
[48-515, added 1996, ch. 404, sec. 2, p. 1344.]
Structure Idaho Code
Title 48 - MONOPOLIES AND TRADE PRACTICES
Chapter 5 - REGISTRATION AND PROTECTION OF TRADEMARKS
Section 48-502 - REGISTRABILITY.
Section 48-503 - APPLICATION FOR REGISTRATION.
Section 48-504 - FILING OF APPLICATIONS.
Section 48-505 - CERTIFICATE OF REGISTRATION.
Section 48-506 - DURATION AND RENEWAL.
Section 48-507 - ASSIGNMENTS, AMENDMENTS, CHANGES OF NAME AND OTHER INSTRUMENTS.
Section 48-509 - CANCELLATION.
Section 48-510 - CLASSIFICATION.
Section 48-511 - FRAUDULENT REGISTRATION.
Section 48-512 - INFRINGEMENT.
Section 48-513 - INJURY TO BUSINESS REPUTATION — DILUTION.
Section 48-515 - FORUM FOR ACTIONS REGARDING REGISTRATION — SERVICE ON OUT-OF-STATE REGISTRANTS.
Section 48-516 - COMMON LAW RIGHTS.
Section 48-518 - TIME OF TAKING EFFECT — REPEAL OF PRIOR ACTS — INTENT OF ACT.