Subdivision 1.Issuance.

Upon a finding by the secretary of state that the mark and application for registration comply with the requirements of sections 333.18 to 333.31, and that the class indicated, if any, in which the mark is to be registered is not clearly incorrect, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and shall show the registrant’s name, the date claimed for the first use of the mark in this state, the class of goods or services, and the registration date.

Subd. 2.Evidentiary effect.

Terms Used In Minnesota Statutes 333.21

  • 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.
  • seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44

Any certificate of registration issued by the secretary of state or a copy duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of the mark, in any action or judicial proceedings in any court of this state and shall be prima facie evidence of registrant’s ownership and exclusive right to use the mark on or in connection with the goods or services described in the certificate.