§ 6-2-4 - Certificate of registration.

SECTION 6-2-4

   § 6-2-4  Certificate of registration.– (a) Upon compliance by the applicant with the requirements of this chapter, thesecretary of state shall cause a certificate of registration to be issued anddelivered to the applicant.

   (b) The certificate of registration shall be issued under thesignature of the secretary of state and the seal of the state, and it shallshow the name and business address and, if a business corporation, non-profitcorporation, limited liability partnership, limited partnership or limitedliability company, the state of incorporation, or formation, as applicable, ofthe person claiming ownership of the mark, the date claimed for the first useof the mark anywhere and the date claimed for the first use of the mark in thestate, the class of goods or services and a description of the goods orservices on which the mark is used, a reproduction of the mark, theregistration date, and the term of the registration.

   (c) Any certificate of registration issued by the secretaryof state under the provisions of this section, or a copy of a certificate ofregistration duly certified by the secretary, shall be admissible in evidenceas competent and sufficient proof of the registration of the mark in any actionor judicial proceedings in any court of the state.

   (d) Registration of or renewal of a mark provided by thischapter shall be constructive notice of the registrant's claim of ownership andshall, when introduced in any action, be prima facie evidence of theregistrant's exclusive right to use the registered mark in this state on goodsor services specified in the registration subject to any conditions orlimitations stated in the registration, but shall not preclude an opposingparty from proving any legal or equitable defense or defect which might havebeen asserted if the mark had not been registered.