Hawaii · statute · Haw. Rev. Stat. ch. 482 · 28 active provisions
As used in this chapter, unless the context otherwise requires: "Abandonment" of a mark means when either of the following occurs: (1) When its use has been discontinued with intent not to resume such use; provided that intent not to resume may be inferred from circumstances, and nonuse for two consecutive years shall…
L 1980, c 26, §3. §482-2 Certificate. (a) Any person desiring to register any trade name may obtain a certificate of registration of the trade name in the manner hereinafter provided. (b) Before any person may receive a certificate of registration of a trade name, the person shall file in the office of the director an…
(a) Upon receiving the application accompanied by the fee, the director shall cause the trade name to be recorded and shall issue a certificate of registration to the applicant; provided that the director shall not register any trade name that is substantially identical with any registered trade name, the name of any e…
(a) It shall be unlawful for any person to adopt or use a trade name or entity name that infringes on any person's ownership rights to any registered trade name, mark, or the name of any entity registered or authorized to transact business in accordance with the laws of this State, or a name the exclusive right to whic…
(a) If any trade name is not used by the registrant in accordance with the declaration in this State for a period of three hundred sixty-five consecutive days, the certificate of registration shall be subject to revocation. (b) Any person desiring such revocation shall file a verified petition in the office of the dire…
(a) Sections 482-1 to 482-9 are applicable to all registrations filed in the office of the director; the intent being that all trade names not used by the applicant in this State may be immediately reissued to such applicant who is actually using the same. (b) The fact that a trade name has not been used in this State…
(a) Any person claiming to be the owner of a trade name or mark whose common law rights are infringed upon, or any entity registered or authorized to transact business under the laws of this State whose common law right to its entity name are infringed upon, by a trade name for which a certificate of registration pursu…
(a) Any person claiming to be the owner of a trade name or mark who believes that the name of any entity registered or authorized to transact business under the laws of this State is confusingly similar to its trade name or mark may file a petition with the director for an administrative order of abatement to address t…
Any person aggrieved by any action of the director under this chapter in issuing or revoking a certificate of registration of a trade name or in denying an application, within thirty days after the action by the director, or if no order has been entered either granting or denying the application within four months afte…
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may disparage or falsely suggest a connection…
(a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the director, in a manner complying with the requirements of the director, an application for registration of that mark setting forth at least the following information: (1) The name and business address of the p…
(a) Upon the filing of an application for registration and payment of the application fee, the director shall cause the application to be examined for conformity with this part. (b) The applicant shall provide any additional pertinent information requested by the director including a description of a design mark and ma…
(a) Upon compliance by the applicant with the requirements of this part, the director shall issue a certificate of registration to the applicant. (b) The original or a copy certified by the director of a certificate of registration issued under this part shall be admissible in evidence as sufficient proof of the regist…
(a) The registration of a mark shall be effective for a term of five years from the date of registration. A renewal fee, payable to the director, shall accompany the application for renewal of the registration. (b) A registration may be renewed for successive periods of five years by filing a renewal application within…
(a) The registration of a mark shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. An assignment shall be executed in writing and may be recorded by filing an application with the directo…
The director shall maintain a record of all marks registered or renewed under this part, including a record of all marks recorded pursuant to section 482-26.
The director shall cancel the registration of a mark if the director receives a request for cancellation from the registrant or assignee of record or when a court of competent jurisdiction orders cancellation of a registration.
(a) Any person claiming to be the owner of a trademark or service mark for which a certificate of registration has been issued to another person pursuant to this part may file a verified petition in the office of the director for the revocation of the registration of the mark on the basis that: (1) The registered mark…
The director to the extent practical shall establish a classification of goods and services corresponding to the classification adopted by the United States Patent and Trademark Office for convenience of administration of this part, but not to limit or extend the applicant's or registrant's rights, and a single applica…
Subject to section 482-53, any person who: (1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this part in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in which such use is li…
(a) The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity and upon such terms as a court deems reasonable, to an injunction against another person's commercial use of a mark or trade name, if the use begins after the mark has become famous and causes dilution of the di…
(a) The owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as the court deems just and reasonable,…
(a) An action to require cancellation of a mark registered under this part shall be brought in circuit court. In an action for cancellation, the director shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall have the rig…
The application fee to register a mark shall be $50 for each class of goods or services. A special handling fee of $20 for expediting the registration of a mark shall be assessed by the director for each class of goods or services. All special handling fees shall be credited to the compliance resolution fund establishe…
(a) A person commits an offense if the person signs a document the person knows is false in any material respect with intent that the document be delivered to the director for filing. An offense under this subsection shall be a class C felony and may carry a fine not to exceed $10,000. (b) A person commits a misdemeano…