Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Business Registration topic
No spam. Unsubscribe anytime.
Senate advances bill allowing Secretary of State to administratively cancel fraudulent trademark registrations
Summary
Senate File 53 would authorize the Secretary of State to administratively cancel trademarks, service marks and trade names when filings contain fraudulent or false information; registrants would receive written notice and have an opportunity to respond and to appeal cancellation to district court.
Senate File 53, sponsored by the Corporations, Elections and Political Subdivisions Committee, cleared the Committee of the Whole on Jan. 20 with a recommendation that it do pass.
The bill authorizes the Secretary of State to administratively cancel registrations of trademarks, service marks and trade names when submitted materials are fraudulent or false. The process outlined in debate requires: issuance of a written notice by registered mail, a registrant’s opportunity to respond (the transcript cites a 60‑day response window), and the right to appeal any cancellation to district court. Sponsors said the change creates a consistent administrative path for dealing with filings that contain false information.
Several senators supported giving the Secretary of State a tool to address deceptive filings; others warned about the burden placed on a registrant to defend a registration in court and urged care to protect legitimate small businesses from expensive litigation. “If you disagree, you effectively have to prove in court that your material was accurate instead of the state proving that your material was inaccurate,” Senator Rothfuss warned, noting the potential cost to registrants and urging careful balancing of due process.
The Committee of the Whole recommended the bill do pass; the transcript contains no roll call for the committee’s recommendation.
