Chapter 333 — Commercial Assumed Names

333.001 Definitions This section defines key terms used in Minnesota's assumed name laws. It explains what counts as a 'person' … 333.01 Commercial Assumed Names If you run a business in Minnesota under a name that is not your true legal name, you must file an assumed name … 333.02 Filing of Certificate Before you start doing business under an assumed name in Minnesota, you must file your assumed name certificate with the … 333.03 This section has been repealed and is no longer in effect. 333.035 Amendment of Certificate If anything changes that makes your assumed name certificate wrong, you must file an amended certificate within 60 days. … 333.04 Secretary of State; Duties, Fees The Secretary of State must keep an alphabetical list of all assumed names filed after August 1, 1978, along with … 333.05 This section has been repealed and is no longer in effect. 333.055 Term of Certificate An assumed name certificate takes effect when filed and stays active as long as you file an annual renewal each year. If … 333.06 Pleading Failure to File Certificate; Costs If a business sues someone without having first filed its assumed name certificate, the other side can ask the court to … 333.065 Penalty for Violation Anyone who violates the assumed name laws (sections 333.01 to 333.06) faces the penalties and remedies in section 8.31, … 333.07 Lodges, Societies and the Like May Register Lodges, fraternal societies, veterans' organizations, labor unions, foundations, and other associations may register … 333.08 Application The chief officer or officers of a lodge, union, veterans' group, or other organization must apply to register the … 333.09 Secretary of State to Keep Record and Index The Secretary of State must keep an indexed record of all organization insignia registrations. This record also shows … 333.10 Duplicates Not Registered The Secretary of State will not register an organization's name, badge, emblem, or other insignia if it is too similar … 333.11 Issuance of Certificates When the Secretary of State approves a registration of an organization's insignia, a certificate is issued to the … 333.12 Fees The Secretary of State charges a fee of $10 for registering, changing, canceling, searching, and issuing certificates … 333.13 Violations; Penalties Anyone who knowingly wears, displays, prints, or uses the registered badge, emblem, or insignia of an organization … 333.135 Improper Use of Insignia It is a misdemeanor to wear the badge, button, or insignia of a veterans' organization (like the American Legion or … 333.14 Unauthorized Use is a Crime It is a misdemeanor to use the name 'Aquatennial,' the trademark of the Minneapolis Aquatennial Association, or any … 333.15 Threatened Use May Be Restrained A court can issue an injunction to stop anyone who is using or threatening to use the Aquatennial name, trademark, or … 333.16 Vested Rights Not Affected The Aquatennial name protection laws (sections 333.14 and 333.15) do not take away or interfere with rights that anyone … 333.17 This section has been repealed and is no longer in effect. 333.18 Definitions This section defines the key terms for Minnesota's trademark and service mark registration laws. A 'trademark' … 333.19 Unregistrable Matter; Collective and Certification Marks Certain marks cannot be registered as trademarks or service marks in Minnesota. These include marks that are immoral or … 333.20 Application To register a trademark or service mark in Minnesota, you file an application with the Secretary of State. The … 333.21 Certificate of Registration If the Secretary of State finds that a trademark or service mark application meets all requirements, a certificate of … 333.22 Term of Registration A trademark or service mark registration lasts for ten years and can be renewed for additional ten-year terms. You must … 333.23 Conveyances of Marks; Recordation, Fee, Necessity If you sell or transfer a registered trademark, the assignment must be in writing and include the goodwill of the … 333.24 Secretary of State's Record of Marks The Secretary of State keeps a public record of all trademarks and service marks filed or renewed in Minnesota, … 333.25 Cancellation of Marks The Secretary of State can cancel a trademark registration if the owner requests it, the registration is not renewed, or … 333.26 Must Use U.s. Patent and Trademark Office System Minnesota uses the same trademark classification system as the U.S. Patent and Trademark Office. A single trademark … 333.27 Improper Registration; Liability Anyone who gets a trademark registered by making false or fraudulent statements is liable for all damages that result. … 333.28 Identical or Similar Marks; Liability for Misuse Anyone who uses a registered trademark without the owner's consent — in a way that is likely to confuse customers about … 333.285 Dilution of Distinctive Famous Mark May Be Enjoined The owner of a famous trademark in Minnesota can go to court to stop someone else from using a similar mark or trade … 333.29 Remedies A registered trademark owner can go to court to stop counterfeiting and get money for any profits the infringer made or … 333.30 Marks Acquired at Common Law A business that has been using a trademark at common law — without formal registration — does not lose its rights just … 333.305 Forum is District Court; Service on Nonresident Registrant Lawsuits to cancel a registered mark or to force registration of a mark must be filed in Minnesota district court. The … 333.31 Service of Process Upon Nonresident Registrants When legal papers need to be served on someone who lives outside Minnesota but has registered a trademark in the state, … 333.40 Trademark; When Deemed Affixed A trademark is considered 'affixed' to goods whenever it is placed on or in the product itself, or on any box, bottle, … 333.41 Trademarks of Workers' Unions Workers' unions and organizations can adopt labels, trademarks, or other marks to identify goods made by their members. … 333.42 Counterfeiting or Dealing in Counterfeits; How Punished Counterfeiting or dealing in counterfeit union labels and trademarks is a criminal offense in Minnesota. It covers … 333.43 Registration Workers' unions and persons can register their labels, trademarks, and other marks with the Minnesota Secretary of State … 333.44 Fraudulent Registration or Use; Penalty Anyone who registers a union label or trademark with the Secretary of State using fraudulent means is guilty of a … 333.45 Illegal Use of Certificate of Registration After registering a union label or trademark, the filer can get official certificates of registration from the Secretary … 333.50 This section has been repealed and is no longer in effect. 333.51 This section has been repealed and is no longer in effect. 333.52 This section has been repealed and is no longer in effect. 333.53 Unauthorized Use is a Crime It is a misdemeanor for anyone to use the name 'Minnesota Zoological Garden,' its trademark, or any confusingly similar … 333.54 Threatened Use May Be Restrained When someone is using or threatening to use the Minnesota Zoo's name, trademark, or any confusingly similar mark without …