30-13-332. Fraudulent registration. Any person who, for the person's own sake or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary of state under the provisions of this part by knowingly making any false or fraudulent representation or declaration, verbally or in writing or by any other fraudulent means, is liable to pay all damages sustained in consequence of the filing or registration. Damages may be recovered by or on behalf of the injured party in any court of competent jurisdiction.
History: En. Sec. 13, Ch. 429, L. 1979; amd. Sec. 11, 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