30-13-312. Certificate of registration. (1) Upon compliance by the applicant with the requirements of this part, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration must be issued under the signature of the secretary of state and the seal of the state. The certificate must show:
(a) the name and business address of the person claiming ownership of the mark and, if a corporation, the state of incorporation or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary of state;
(b) the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state;
(c) the class of goods or services and a description of the goods or services on or in connection with which the mark is used;
(d) a reproduction of the mark; and
(e) the registration date and the term of the registration.
(2) Any certificate of registration issued by the secretary of state under the provisions of this section or a copy of the certificate duly certified by the secretary of state is admissible in evidence as competent and sufficient proof of the registration of the mark in any judicial proceeding in any court of this state.
History: En. Sec. 5, Ch. 429, L. 1979; amd. Sec. 7, Ch. 131, L. 1983; amd. Sec. 5, Ch. 257, L. 2003.
Structure Montana Code Annotated
Chapter 13. Assumed Business Names, Trademarks, and Related Rights
30-13-304. through 30-13-309 reserved
30-13-310. Filing of applications
30-13-311. Application for registration
30-13-312. Certificate of registration
30-13-313. Duration and renewal
30-13-315. Assignment -- change of name -- other instruments
30-13-320. Secretary of state to establish and collect fees
30-13-321. through 30-13-330 reserved
30-13-332. Fraudulent registration
30-13-334. Injury to business reputation -- dilution
30-13-337. Forum for actions regarding registration -- service on out-of-state registrants
30-13-338. Trademark counterfeiting -- presumption -- penalties -- restitution -- forfeiture