Sec. 5. (a) If an applicant complies with the requirements of this chapter, the secretary shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the secretary and the seal of the state of Indiana. The certificate of registration must include all of the following:
(1) The name and business address of the person claiming ownership of the mark. If the person claiming ownership of the mark is:
(A) a corporation, the certificate of registration must show the state of incorporation;
(B) a partnership, the certificate of registration must show the state in which the partnership is organized and the names of the general partners, as specified by the secretary; or
(C) another form of legal entity, the certificate of registration must show the jurisdiction in which the legal entity is organized.
(2) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in Indiana.
(3) The class of goods or services and a description of the goods or services on or in connection with which the mark is used.
(4) A reproduction of the mark.
(5) The registration date.
(6) The term of the registration.
(b) A certificate of registration issued by the secretary under subsection (a) or a copy of a certificate of registration certified by the secretary is admissible in evidence as competent and sufficient proof of the registration of the mark in an action or judicial proceeding in a court of Indiana.
Formerly: Acts 1955, c.174, s.5; Acts 1959, c.256, s.4. As amended by P.L.152-1986, SEC.25; P.L.135-2006, SEC.6.
Structure Indiana Code
Article 2. Trademarks, Trade Names, and Trade Secrets
24-2-1-0.1. Application of Certain Amendments to Chapter
24-2-1-0.5. Intent; Judicial or Administrative Interpretation
24-2-1-4. Electronic Application
24-2-1-5. Certificate of Registration
24-2-1-6. Duration and Renewal
24-2-1-7. Renewal of Registration in Force on July 1, 2006
24-2-1-8.5. Certificate of Change of Name
24-2-1-10. Registration Cancellation
24-2-1-11. Rules; Classification of Goods and Services; Electronic Application
24-2-1-12. Damages for Fraudulent Registration
24-2-1-13.5. Fanciful Marks; Famous Marks; Injunctive Relief; Remedies; Attorney's Fees
24-2-1-14.5. Cancellation; Action to Compel Registration; Jurisdiction