§ 1 Definitions
§ 2 Restrictions on registration
§ 3 Application for registration
§ 4 Conformity of application with chapter; additional information; disclaimer of unregisterable components; amendments; refusal of registration
§ 5 Certificate of registration; issuance; admissibility in evidence
§ 6 Effective term; renewal
§ 7 Assignment of marks and registration; recording
§ 8 Public records
§ 9 Cancellation of registration
§ 10 Classification of goods and services; rules and regulations
§ 11 Fraudulent procurement of registration; damages
§ 12 Use or counterfeit of marks without consent of registrant
§ 13 Injunctive relief
§ 14 Actions for counterfeit or imitation marks; injunctions; damages
§ 15 Actions to require cancellation or to compel registration
§ 16 Common law rights
§ 17 Fees for applications, recording and related services

Terms Used In Massachusetts General Laws > Chapter 110H - Registration and Protection of Trademarks

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.