Kan. Stat. Ann. § 81-201
Title
This act shall be known and may be cited as the revised Kansas trademark act.
Kansas Statutes Annotated Chapter 81 — Trademarks and Service Marks
Kansas · statute · Kan. Stat. Ann. ch. 81 · 21 active provisions
Provisions
Kan. Stat. Ann. § 81-202
Definitions
As used in K.S.A. 81-201 through 81-220: (a) "Trademark" means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that…
Kan. Stat. Ann. § 81-203
Registrability
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 such mark: (a) Consists of or comprises immoral, deceptive or scandalous matter; (b) consists of or comprises matter which may disparage or falsely suggest a conne…
Kan. Stat. Ann. § 81-204
Application for registration
(a) Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark setting forth, but not limited to, the following information: (1) The name and business add…
Kan. Stat. Ann. § 81-205
Filing of applications; refusal of registration; same or similar marks, procedure
(a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with this act. (b) The applicant shall provide any additional pertinent information requested by the secretary including a description of a design mark and may…
Kan. Stat. Ann. § 81-206
Certificate of registration, issuance
Upon compliance by the applicant with the requirements of this act, the secretary 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 and the seal of the state, and such certificate shall show the nam…
Kan. Stat. Ann. § 81-207
Duration of registration; renewal
(a) A registration of a mark as provided in this act shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term…
Kan. Stat. Ann. § 81-208
Assignments; changes of name; other instruments
(a) Any mark and registration as provided in this act shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded…
Kan. Stat. Ann. § 81-209
Records
The secretary shall keep for public examination a record of all marks registered or renewed under this act, as well as a record of all documents recorded pursuant to K.S.A. 81-208, and amendments thereto.
Kan. Stat. Ann. § 81-210
Cancellation
The secretary shall cancel from the register, in whole or in part: (a) Any registration which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record; (b) all registrations granted under this act and not renewed in accordance with the provisions of this act; (c)…
Kan. Stat. Ann. § 81-211
Classification of goods and services
The secretary shall by regulation establish a classification of goods and services for convenience of administration of this act, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the ma…
Kan. Stat. Ann. § 81-212
Fraudulent registration; liability for damages
Any person who for such person's own behalf, or on behalf of any other person, procures the filing or registration of any mark in the office of the secretary under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent mean…
Kan. Stat. Ann. § 81-213
Infringement; liability
Subject to the provisions of K.S.A. 81-217, and amendments thereto, any person who: (a) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this act in connection with the sale, distribution, offering for sale, or advertising of any goods o…
Kan. Stat. Ann. § 81-214
Injury to business reputation; dilution
(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 the court seems reasonable, to an injunction against another person's commercial use of a mark or trade name, if such use begins after the mark has become famous and causes dilution of the…
Kan. Stat. Ann. § 81-215
Remedies
(a) Any owner of a mark registered under this act may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitations of such 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, an…
Kan. Stat. Ann. § 81-216
Forum for action regarding registration; service on nonresidents
(a) Actions to require cancellation of a mark registered pursuant to this act or in mandamus to compel registration of a mark pursuant to this act shall be brought in the district court. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, t…
Kan. Stat. Ann. § 81-217
Common law rights
Nothing in this act shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.
Kan. Stat. Ann. § 81-218
Fees
The application for registration of a mark and any renewal application shall be accompanied by a filing fee of $25. All other documents filed pursuant to this act shall be accompanied by a filing fee of $5. All fees shall be payable to the secretary of state.
Kan. Stat. Ann. § 81-219
Severability
If any provision of this act, or the application of such provision to any person or circumstance is held invalid or unconstitutional, it shall be conclusively presumed that the legislature would have enacted the remainder of this act without such invalid or unconstitutional provision.
Kan. Stat. Ann. § 81-220
Effect; intent
(a) The provisions of this act shall not affect any suit, proceeding or appeal pending on the effective date of this act. The provisions of this act are controlling as to all acts relating to marks and parts that are inconsistent with this act, except that as to any application, suit, proceeding or appeal, and for that…
Kan. Stat. Ann. § 81-301
Lender name, trade name or trademark; solicitation violations; injunction
(a) No person may include the name, trade name or trademark of a lender or a name, trade name or trademark similar to that of a lender in a solicitation for products or services without the consent of the lender unless the solicitation clearly and conspicuously states in bold-faced type on the front page of the corresp…