Z-601                 _______________________________________________

                                                   SENATE BILL NO. 5716

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Nelson and Madsen; by request of Secretary of State

Read first time 2/3/89 and referred to Committee on  Governmental Operations.

AN ACT Relating to the registration of trademarks; amending RCW 19.77.020 and 19.77.080; and repealing RCW 19.77.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 211, Laws of 1955 and RCW 19.77.020 are each amended to read as follows:

          A trademark 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; or

          (2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; or

          (3) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or

          (4) Consists of or comprises the name, portrait, or signature identifying a particular living individual, except with his written consent; or

          (5) Consists of a mark which,

          (a) when applied to the goods or services of the applicant is merely descriptive or deceptively misdescriptive of them, or

          (b) when applied to the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or

          (c) is primarily merely a surname; or

          (6) Consists of or comprises a trademark which so resembles a trademark registered in this state, or a trademark ((or trade name)) previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.

        Sec. 2.  Section 8, chapter 211, Laws of 1955 and RCW 19.77.080 are each amended to read as follows:

          The secretary of state shall cancel from the register:

          (1) After one year from September 1, 1955, all registrations under prior acts which are more than five years old and not renewed in accordance with this chapter;

          (2) Any registration concerning which the secretary of state shall receive a voluntary written request for cancellation thereof from the registrant;

          (3) All expired registrations not renewed under this chapter;

          (4) Any registration concerning which a final decree of a court of competent jurisdiction, upon filing of a certified copy of such decree with the secretary of state, shall adjudge:

          (a) That the registered trademark has been abandoned; or

          (b) That the registrant is not the owner of the trademark; or

          (c) That the registration ((was granted improperly)) should not have been filed; or

          (d) That the registration was obtained fraudulently; or

          (e) That the registration is in violation of common law rights or should be canceled on any other grounds.

NEW SECTION. Sec. 3.  Section 10, chapter 211, Laws of 1955, section 65, chapter 81, Laws of 1971, section 185, chapter 35, Laws of 1982, section 23, chapter 202, Laws of 1988 and RCW 19.77.100 are each repealed.