FINAL BILL REPORT

SSB 5733

                              C 72 L 89

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, Talmadge and Newhouse)

Modifying the statute pertaining to trademark registration.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

Concern exists that current law governing the registration of trademarks in this state is outdated.  It is recommended that the present Trademarks Registration Act be modernized.

SUMMARY:

Registration under the act constitutes constructive notice of the registrant's ownership of the trademark throughout the state.

A certificate of registration constitutes prima facie evidence of the validity of the registration.  It also constitutes prima facie evidence of the registrant's ownership of and exclusive right to use the trademark within the state with regard to the goods or services specified.

Owners of famous trademarks may bring suit to enjoin dilution of their trademarks.

A court may only award attorneys' fees in an action brought under the act where exceptional circumstances exist.  Attorneys' fees may also be recovered from any person who obtains a trademark registration through false or fraudulent means.

The administrative cancellation procedure is deleted.

The courts of this state are required to consider the federal courts' interpretation of the federal Trademark Act when construing provisions of the Washington Trademark Registration Act.

Purchaser motivation is not a test for determining abandonment of a registered trademark.

Several technical corrections are made.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 98  0

EFFECTIVE:July 23, 1989