Subdivision 1. Authorization and contents. Subject to the limitations set forth in sections 333.18 to 333.31, any person who adopts and uses a trademark or a service mark in this state may file in the Office of the Secretary of State an application for registration of that mark setting forth the following information:
(1) the name and business address of the person applying for such registration; and, if a business entity, the state of registration;
(2) the goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services and the class in which the goods or services fall;
(3) a description of the mark;
(4) the date when the mark was first used in this state by the applicant or a predecessor in interest; and
(5) the applicant's statement of belief that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor and the mark is in use.
Subd. 2. Signing and verification. The application shall be signed as provided in section 645.44, subdivision 14, and verified by the individual applicant or, for business entity applicants, by a person with authority to sign on behalf of the business entity.
Subd. 3. Specimen or facsimile of mark. The application shall be accompanied by a single specimen or facsimile of such mark.
Subd. 4. Filing fee. The application for registration shall be accompanied by a filing fee of $50, payable to the secretary of state.
1959 c 600 s 3; 1969 c 1148 s 63; 1983 c 301 s 191; 1986 c 444; 1988 c 682 s 47; 1989 c 335 art 1 s 211; 1992 c 517 art 1 s 34; 1993 c 48 s 8; 1993 c 369 s 116; 1998 c 315 s 3,4; 2010 c 250 art 2 s 29
Structure Minnesota Statutes
Chapters 324 - 341 — Trade Regulations, Consumer Protection
Chapter 333 — Assumed Names, Insignia, And Marks
Section 333.001 — Definitions.
Section 333.01 — Commercial Assumed Names.
Section 333.02 — Filing Of Certificate.
Section 333.035 — Amendment Of Certificate.
Section 333.04 — Secretary Of State; Duties, Fees.
Section 333.055 — Term Of Certificate.
Section 333.06 — Pleading Failure To File Certificate; Costs.
Section 333.065 — Penalty For Violation.
Section 333.07 — Lodges, Societies And The Like May Register.
Section 333.09 — Secretary Of State To Keep Record And Index.
Section 333.10 — Duplicates Not Registered.
Section 333.11 — Issuance Of Certificates.
Section 333.13 — Violations; Penalties.
Section 333.135 — Improper Use Of Insignia.
Section 333.14 — Unauthorized Use Is A Crime.
Section 333.15 — Threatened Use May Be Restrained.
Section 333.16 — Vested Rights Not Affected.
Section 333.19 — Unregistrable Matter; Collective And Certification Marks.
Section 333.21 — Certificate Of Registration.
Section 333.22 — Term Of Registration.
Section 333.23 — Conveyances Of Marks; Recordation, Fee, Necessity.
Section 333.24 — Secretary Of State's Record Of Marks.
Section 333.25 — Cancellation Of Marks.
Section 333.26 — Must Use U.s. Patent And Trademark Office System.
Section 333.27 — Improper Registration; Liability.
Section 333.28 — Identical Or Similar Marks; Liability For Misuse.
Section 333.285 — Dilution Of Distinctive Famous Mark May Be Enjoined.
Section 333.30 — Marks Acquired At Common Law.
Section 333.305 — Forum Is District Court; Service On Nonresident Registrant.
Section 333.31 — Service Of Process Upon Nonresident Registrants.
Section 333.40 — Trademark; When Deemed Affixed.
Section 333.41 — Trademarks Of Workers' Unions.
Section 333.42 — Counterfeiting Or Dealing In Counterfeits; How Punished.
Section 333.43 — Registration.
Section 333.44 — Fraudulent Registration Or Use; Penalty.
Section 333.45 — Illegal Use Of Certificate Of Registration.