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Chapter 03 - Trademarks and Trade

Chapter 03 - Trademarks and Trade

27.0301 Certificate to be obtained.


Any person desiring to secure the exclusive use of any print, label or trademark intended to be attached or applied to any goods or manufactured articles or to bottles, boxes, or packages containing the goods or manufactured articles to indicate the name of the manufacturer, the contents of the packages, the quality of the goods or directions for use, or a trade name, may obtain a certificate of the registration of the print, label, trademark, or trade name in the manner provided in this chapter.

27.0302 Application for certificate-Fee.


Before anyone may receive a certificate of the registration of a print, label, or trademark, he shall file in the Office of the Territorial Registrar an application for the registration of such print, label, or trademark, with a declaration, certified by the applicant, or, if the application is made by a firm, corporation or partnership, by the certification of a member of the firm, an officer of the corporation, or a partner, stating that he is, or they are, the sole and original proprietor or proprietors, or the assign or assigns of such proprietor or proprietors, of this print, label or trademark, and describing the goods or manufactured articles for which the print, label or trademark is to be used, and stating the manner in which the print, label or trademark is to be used. Before anyone receives a certificate of the registration of a trade name he shall file in the Office of the Territorial Registrar an application for the registration of the trade name, with a declaration, certified, stating that he is, or they are, the sole and original proprietor or proprietors of the trade name, or the assign or assigns of the proprietor or proprietors, and setting forth the nature of the business in which the trade name is to be used. The application shall be accompanied by two exact copies of the print, label or trademark, or it shall set forth the trade name. At the time of filing each application, the applicant shall pay to the Registrar a fee of ten dollars.

27.0303 Record-Issuance and effect of certificate.


Upon receiving the application so accompanied and the payment of the fee, the Territorial Registrar shall cause the print, label, trademark or trade name to be recorded in a book kept for that purpose, and shall issue to the applicant or applicants a certificate of registration with the signature of the Registrar; and the certificate or registration shall secure to the applicant or applicants the exclusive use of the print, label, trademark, or trade name throughout the Territory, for a term of ten years; provided that the print, label, trademark or trade name is continued in actual use by the applicant in the Territory.

27.0304 Revocation.


(a) If any print, label, trademark, or trade name is not used by the applicant in accordance with the declaration for any period of three hundred and sixty-five consecutive days, the certificate of registration shall be subject to revocation.

(b) Any person desiring such revocation shall file a petition in the Office of the Territorial Registrar, setting forth facts indicating such non-use for a period of three hundred and sixty-five consecutive days immediately preceding the date of the filing of his petition. The petition shall be verified upon the information and belief, or if the petition is made by a firm or corporation, by a member of the firm or an officer of the corporation. The petitioner shall cause actual notice of the proceeding to be given the registered owner by such method or manner as the Registrar may prescribe, and the registered owner shall be given the opportunity of a full hearing. If the registered owner, after due diligence, cannot be found, the Registrar may order that the petitioner give notice by publication in some newspaper suitable for the advertisement of notices of judicial proceedings for such length of time as he deems reasonable, not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the date set for the hearing. The giving of notice shall be deemed complete upon the last publication. The notice as published shall also contain the date which has been set for the hearing.

(c) After granting an opportunity for hearing to the petitioner and the registered owner, the Registrar shall grant or deny the petition for cancellation, as the facts shall warrant.

27.0305 Cancellation of certificate.


Any person or persons claiming to be the owner or owners of a print, label, trademark, or trade name for which a certificate of registration pursuant to this chapter has been issued to any other person or persons may file in the Office of the Registrar an application for the cancellation of the registration of such print, label, trademark, or trade name, with a declaration verified by the oath of such applicant or applicants, or if such application is made by a firm or corporation by the oath of a member of the firm or an officer of the corporation, setting forth facts in support of the ownership by such applicant or applicants of such print, label, trademark, or trade name and in support of the claim of the applicant or applicants that the certificate of registration should be canceled. The Registrar shall give notice of such application for cancellation to the person or persons to whom the certificate of registration for the print, label, trademark, or trade name has been issued and, after granting an opportunity for hearing to the applicant or applicants for such cancellation and to the person or persons to whom the certificate of registration has been issued, shall grant or deny the application for cancellation, as the facts warrant.

27.0306 Appeal.


Any person aggrieved by any action of the Registrar under this chapter in issuing a certificate of registration, or in revoking or canceling any such certificate, or in denying an application may commence proceedings to obtain judicial review in the High Court. The matter shall be reviewed by the court de novo.