[Rev. 11/21/2013 12:32:05 PM--2013]

CHAPTER 600 - TRADEMARKS, TRADE NAMES AND SERVICE MARKS

GENERAL PROVISIONS

NRS 600.025           Document written in foreign language filed with Secretary of State to be accompanied by verified translation in English language.

NAMES, MARKS AND DEVICES ON CONTAINERS, SUPPLIES AND EQUIPMENT

NRS 600.050           Filing and publication of trademark or trade name used on containers, supplies and equipment.

NRS 600.060           Purchase of marked containers, supplies or equipment: Further filing and publication unnecessary.

NRS 600.070           Presumptive evidence of unlawful use and traffic in marked containers, supplies or equipment.

NRS 600.080           Deposits for security of containers do not constitute sales.

NRS 600.090           Search and seizure of containers, supplies or equipment unlawfully sold, filled or used.

NRS 600.100           Search for owner and restoration of lost property or property received in regular course of business.

NRS 600.110           Unlawful acts concerning marked containers, supplies or equipment.

NRS 600.120           Penalty.

DESIGNATION OF LAUNDERED SUPPLIES

NRS 600.130           Definitions.

NRS 600.140           Right to register, amend, renew, assign or cancel name, mark or device by filing and publication.

NRS 600.150           Additional procedures for registration.

NRS 600.160           Filing fees.

NRS 600.170           Unlawful acts; persons excepted.

NRS 600.180           Acceptance of deposit as sale.

NRS 600.190           Evidentiary effect of use by unauthorized person of marked supplies.

NRS 600.200           Duty of finders or receivers of marked supplies.

NRS 600.210           Issuance of search warrant for unlawfully used supplies; authority of magistrate.

NRS 600.220           Imposition of punishment and award of possession.

NRS 600.230           Penalty.

REGISTRATION AND PROTECTION OF TRADEMARKS, TRADE NAMES AND SERVICE MARKS

NRS 600.240           Definitions.

NRS 600.250           “Applicant” defined.

NRS 600.260           “Mark” defined.

NRS 600.280           “Registrant” defined.

NRS 600.290           “Service mark” defined.

NRS 600.300           “Trademark” defined.

NRS 600.310           “Trade name” defined.

NRS 600.320           When mark is deemed to be “used” in Nevada.

NRS 600.330           Restrictions on registration.

NRS 600.340           Application for registration: Contents; requirements; fee; return for correction.

NRS 600.343           Criteria for specimen accompanying application for registration; change after registration.

NRS 600.350           Certificate of registration: Issuance; contents; admissibility in evidence.

NRS 600.355           Correction of inaccurate statement in application for registration; issuance of amended certificate of registration; fee.

NRS 600.360           Expiration and renewal of registration; renewal fee.

NRS 600.370           Assignment of mark and registration; fee.

NRS 600.380           Record of registered marks.

NRS 600.390           Cancellation of registrations.

NRS 600.395           Fee for filing cancellation of registration.

NRS 600.400           Regulations defining classes of goods and services for registration.

NRS 600.410           Fraudulent registration.

NRS 600.420           Infringement upon registered mark.

NRS 600.430           Civil remedies.

NRS 600.435           Action to enjoin commercial use of mark that is famous in this State.

NRS 600.440           Rights and remedies cumulative.

NRS 600.450           Unlawful acts; penalty.

MISCELLANEOUS PROVISIONS

NRS 600.500           Employer is sole owner of patentable invention or trade secret developed by employee.

_________

_________

GENERAL PROVISIONS

      NRS 600.025  Document written in foreign language filed with Secretary of State to be accompanied by verified translation in English language.  No document which is written in a language other than English may be filed or submitted for filing in the Office of the Secretary of State pursuant to the provisions of this chapter unless it is accompanied by a verified translation of the document into the English language.

      (Added to NRS by 1997, 158)

NAMES, MARKS AND DEVICES ON CONTAINERS, SUPPLIES AND EQUIPMENT

      NRS 600.050  Filing and publication of trademark or trade name used on containers, supplies and equipment.  Any person:

      1.  Engaged in the manufacture, packing, canning, bottling or selling of any substance in containers with the name or other mark or device of the person impressed or produced thereon; or

      2.  Whose equipment or supplies, owned by the person and used in the business of the person, is marked or branded with a name or other mark or device impressed or produced thereon,

Ê may file in the office of the county clerk of any county of this State and also in the Office of the Commissioner of Food and Drugs, a description of the name, mark or device so used; and may also cause such description to be published once a week for 3 successive weeks in a newspaper published in the county in which the description may have been filed.

      [1:145:1935; 1931 NCL § 1473.01]—(NRS A 1959, 617)

      NRS 600.060  Purchase of marked containers, supplies or equipment: Further filing and publication unnecessary.  Any person acquiring containers, supplies or equipment marked as provided in NRS 600.050, by purchase or other lawful means, is not required to file and publish the description again, but may acquire as a part of the purchase all such benefit as the vendor has under NRS 600.050 to 600.120, inclusive.

      [6:145:1935; 1931 NCL § 1473.06]—(NRS A 1985, 532)

      NRS 600.070  Presumptive evidence of unlawful use and traffic in marked containers, supplies or equipment.  The following shall be presumptive evidence of unlawful use of or traffic in containers, supplies or equipment bearing marks or devices impressed thereon, the description of which has been filed and published pursuant to NRS 600.050:

      1.  The use by any person other than the person whose name, mark or device shall be upon the same, without the written consent of the owner, unless the same shall have been purchased from the owner.

      2.  Possession by any junk dealer or dealer in secondhand articles.

      [3:145:1935; 1931 NCL § 1473.03]

      NRS 600.080  Deposits for security of containers do not constitute sales.  Whenever the owner of containers, equipment or supplies used in the business, marked, branded or otherwise impressed with a device as provided in NRS 600.050, requires the taking or accepting of any sum of money as a deposit for security for the safekeeping and return of the articles, it does not constitute a sale of the property, either optional or otherwise, in any proceeding under NRS 600.050 to 600.120, inclusive.

      [4:145:1935; 1931 NCL § 1473.04]—(NRS A 1985, 532)

      NRS 600.090  Search and seizure of containers, supplies or equipment unlawfully sold, filled or used.

      1.  Whenever any person mentioned in NRS 600.050 or the agent of such a person makes an oath before any magistrate that he or she has reason to believe, and does believe, that any of the containers, supplies or equipment mentioned in NRS 600.050 are being unlawfully sold, filled or used, or are secreted in any place, the magistrate shall issue a search warrant to discover and obtain the same.

      2.  The magistrate may also cause the person in whose possession such articles may be found to be brought before the magistrate. If the magistrate finds that the person is guilty of violating any provision of NRS 600.050 to 600.120, inclusive, the magistrate must impose the punishment prescribed by NRS 600.120, and also award the possession of the property taken upon the search warrant to the owner thereof.

      [5:145:1935; 1931 NCL § 1473.05]—(NRS A 1985, 532)

      NRS 600.100  Search for owner and restoration of lost property or property received in regular course of business.  Every person who finds or receives, in the regular course of business or in any other manner, property mentioned in NRS 600.050 shall make diligent effort to find the owner and restore the property.

      [7:145:1935; 1931 NCL § 1473.07]

      NRS 600.110  Unlawful acts concerning marked containers, supplies or equipment.  It is unlawful for any person, without the written consent of the owner, unless the same shall have been purchased from the owner:

      1.  To use, or to fill with any substance, any container marked or distinguished with or by any name, mark or device of which a description shall have been filed and published as provided in NRS 600.050.

      2.  To sell, buy, give, take or otherwise traffic in containers, or articles of supply or equipment, marked or distinguished with or by any name, mark or device of which a description shall have been filed and published as provided in NRS 600.050.

      3.  To erase, obliterate, cover up or conceal such name, mark or device.

      [2:145:1935; 1931 NCL § 1473.02]

      NRS 600.120  Penalty.  A violation of any of the provisions of NRS 600.050 to 600.110, inclusive, is a misdemeanor.

      [8:145:1935; 1931 NCL § 1473.08]—(NRS A 1985, 533)

DESIGNATION OF LAUNDERED SUPPLIES

      NRS 600.130  Definitions.

      1.  “Registrant” means any person who files and publishes a name, mark or device under NRS 600.130 to 600.230, inclusive.

      2.  “Supplies” means towels, sheets, napkins, pillowcases, linens or other kindred articles bearing a name, mark or device filed and published under NRS 600.130 to 600.230, inclusive.

      (Added to NRS by 1957, 14)

      NRS 600.140  Right to register, amend, renew, assign or cancel name, mark or device by filing and publication.  A person engaged in the business of supplying clean laundered garments, towels, table linen or other articles which are the property of the supplier, in a regular service, periodically exchanging clean articles for soiled for a fixed compensation, may adopt and use a name or other mark or device woven, impressed or produced thereon as an indicium of ownership, and may register and subsequently amend, renew, assign or cancel the name, mark or device by filing it in the manner provided in NRS 600.240 to 600.400, inclusive, and publishing it under the provisions of NRS 600.150.

      (Added to NRS by 1957, 14; A 1997, 158)

      NRS 600.150  Additional procedures for registration.  In addition to the filing required by NRS 600.140, in order to register a name, mark or device under NRS 600.130 to 600.230, inclusive, the supplier shall:

      1.  File in the office of the county clerk of the county in which the principal place of business of the supplier is located, or if the place of business of the supplier is located outside of the State then in the office of the county clerk of any county of the State, a description of the names, marks or devices so used; and

      2.  Cause the description of the name, mark or device to be printed once a week for 3 successive weeks in a newspaper published in the county in which the description has been filed.

      (Added to NRS by 1957, 14; A 1997, 159)

      NRS 600.160  Filing fees.  The registrant shall pay to the county clerk a fee of $1 for each laundry supply designation described and filed.

      (Added to NRS by 1957, 14; A 1997, 159)

      NRS 600.170  Unlawful acts; persons excepted.  It is unlawful for any persons, except the registrant, a person who has the written consent of the registrant, or a person who has purchased the supplies from the registrant, to do any of the following prohibited acts:

      1.  Selling, buying, renting, giving, taking or otherwise trafficking in any supplies bearing a name, mark or device registered under NRS 600.130 to 600.230, inclusive.

      2.  Obliterating or otherwise covering up, concealing or removing a name, mark or device registered under NRS 600.130 to 600.230, inclusive.

      3.  Using a tablecloth or napkin in a place where food is served to the public for any purpose other than that for which it was intended. The words “for which it was intended” shall mean that a tablecloth or napkin shall be used for the exclusive use of the customer of such place.

      4.  Laundering, washing, cleaning, renovating, or causing such laundering, washing, cleaning or renovating, any towels, sheets, napkins, pillowcases, linens, or other supplies or kindred articles bearing a name, mark or device registered under NRS 600.130 to 600.230, inclusive.

      (Added to NRS by 1957, 14)

      NRS 600.180  Acceptance of deposit as sale.  The acceptance by the registrant of any sum of money as a deposit to secure the safekeeping and return of the supplies does not constitute a sale of the supplies, either optional or otherwise, in any proceeding under NRS 600.130 to 600.230, inclusive.

      (Added to NRS by 1957, 15)

      NRS 600.190  Evidentiary effect of use by unauthorized person of marked supplies.  The use by any person other than the registrant of any supplies without the written consent provided in NRS 600.130 to 600.230, inclusive, or the possession of supplies so marked by any junk dealer or dealer of secondhand articles is presumptive evidence of unlawful use of or traffic in such supplies.

      (Added to NRS by 1957, 15)

      NRS 600.200  Duty of finders or receivers of marked supplies.  Every person who finds or receives in the regular course of business or in any other manner any supplies shall make diligent effort to find the owner and restore or return the supplies.

      (Added to NRS by 1957, 15)

      NRS 600.210  Issuance of search warrant for unlawfully used supplies; authority of magistrate.  Whenever the registrant or any member of any corporation or association which is the registrant takes an oath before any magistrate that he or she has reason to believe and does believe that any supplies are being unlawfully used, sold or secreted in any place, the magistrate shall issue a search warrant to discover and obtain the supplies and may also bring before the magistrate the person in whose possession the supplies are found.

      (Added to NRS by 1957, 15)

      NRS 600.220  Imposition of punishment and award of possession.  If the magistrate finds that any person brought before the magistrate has been guilty of a violation of any provision of NRS 600.130 to 600.210, inclusive, the magistrate shall impose the punishment prescribed in NRS 600.230 and also award the possession of the property taken upon the search warrant to the owner.

      (Added to NRS by 1957, 15)

      NRS 600.230  Penalty.  Any person who violates any provision of NRS 600.140 to 600.220, inclusive, is guilty of a misdemeanor.

      (Added to NRS by 1957, 15)

REGISTRATION AND PROTECTION OF TRADEMARKS, TRADE NAMES AND SERVICE MARKS

      NRS 600.240  Definitions.  As used in NRS 600.240 to 600.450, inclusive, unless the context otherwise requires, the words and terms defined in NRS 600.250 to 600.320, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1979, 595; A 1995, 67; 1997, 159; 2001, 406)

      NRS 600.250  “Applicant” defined.  “Applicant” means the person filing an application for registration of a trademark and the legal representatives, successors or assigns of such a person.

      (Added to NRS by 1979, 595)

      NRS 600.260  “Mark” defined.  “Mark” includes any trademark, trade name or service mark entitled to registration whether registered or not.

      (Added to NRS by 1979, 595)

      NRS 600.280  “Registrant” defined.  “Registrant” includes the person to whom the registration of a mark is issued and the legal representatives, successors or assigns of such a person.

      (Added to NRS by 1979, 595)

      NRS 600.290  “Service mark” defined.  “Service mark” means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.

      (Added to NRS by 1979, 595)

      NRS 600.300  “Trademark” defined.  “Trademark” means any word, name, symbol or device, or any combination of them, adopted and used by a person to identify goods made or sold by that person and to distinguish them from goods made or sold by others.

      (Added to NRS by 1979, 595)

      NRS 600.310  “Trade name” defined.  “Trade name” means a word, symbol, device, or any combination of them, used by a person to identify the business, vocation or occupation of that person and distinguish it from the business, vocation or occupation of others.

      (Added to NRS by 1979, 595)

      NRS 600.320  When mark is deemed to be “used” in Nevada.  A mark is deemed to be “used” in this State:

      1.  On goods when it is placed in any manner on the goods, their containers, the displays associated with them or on the tags or labels affixed to them and the goods are sold or otherwise distributed in the State; and

      2.  On services when it is used or displayed in the sale or advertising of services and the services are rendered in this State.

      (Added to NRS by 1979, 595)

      NRS 600.330  Restrictions on registration.  A mark must not be registered if it:

      1.  Contains immoral, deceptive or scandalous matter.

      2.  Contains matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, national symbols or which may bring them into contempt or disrepute.

      3.  Resembles or simulates the flag or other insignia of the United States, or of any state or municipality, or of any foreign nation.

      4.  Contains the name, signature or portrait of any living person, except when the written consent of that living person has been obtained.

      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;

      (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,

Ê but this subsection does not prevent the registration of a mark used by the applicant which has become distinctive of the applicant’s goods or services. Proof of continuous use of the mark by the applicant in this State or elsewhere for 5 years next preceding the date of the filing of the application for registration may be accepted by the Secretary of State as evidence that the mark has become distinctive.

      6.  So resembles a mark registered in this State which has not been abandoned, that it is likely that confusion, mistake or deception may result.

      (Added to NRS by 1979, 595; A 1995, 67)

      NRS 600.340  Application for registration: Contents; requirements; fee; return for correction.

      1.  A person who has adopted and is using a mark in this State may file in the Office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:

      (a) Whether the mark to be registered is a trademark, trade name or service mark;

      (b) A description of the mark by name, words displayed in it or other information;

      (c) The name and business address of the person applying for the registration and, if it is a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation or organization;

      (d) The specific goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the Secretary of State which includes those goods or services;

      (e) The date when the mark was first used anywhere and the date when it was first used in this State by the applicant or his or her predecessor in business which must precede the filing of the application; and

      (f) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this State either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.

      2.  The application must:

      (a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.

      (b) Be accompanied by a specimen or facsimile of the mark on white paper that is 8 1/2 inches by 11 inches in size and by a filing fee of $100 payable to the Secretary of State.

      3.  If the application fails to comply with this section or NRS 600.343, the Secretary of State shall return it for correction.

      (Added to NRS by 1979, 596; A 1993, 489; 1997, 159; 1999, 1636; 2001, 3195; 2005, 2277)

      NRS 600.343  Criteria for specimen accompanying application for registration; change after registration.

      1.  A specimen accompanying an application for the registration of a mark must meet the following criteria:

      (a) The specimen must agree with the mark as described in the application, must agree with the mark as used, and evidence use of the mark.

      (b) If the specimen is a drawing, it must be a substantially exact representation of the mark as actually used.

      (c) The specimen must fit on a page of paper not larger than 8 1/2 inches by 11 inches.

      (d) A specimen may be a facsimile or photograph of the mark.

      (e) The specimen must be suitable for reproduction, retention and retrieval.

      2.  After registration, an applicant may not change the specimen if the change constitutes a material alteration of the mark.

      (Added to NRS by 1997, 158)

      NRS 600.350  Certificate of registration: Issuance; contents; admissibility in evidence.

      1.  Upon compliance by the applicant with the requirements of NRS 600.330 and 600.340, the Secretary of State shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the Secretary of State and the seal of the State, and it must designate:

      (a) The name and business address and, if a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation or organization of the person claiming ownership of the mark;

      (b) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this State;

      (c) The class of goods or services to which the mark applies;

      (d) A description of the goods or services on which the mark is used;

      (e) A reproduction of the mark;

      (f) The registration date; and

      (g) The term of the registration.

Ê If a date of first use contained in the application is indefinite, the certificate of registration must designate the latest definite date that can be inferred from the words used. If a month and year are given without specifying the day, the date is presumed to be the last day of the month. If only a year is given, the date is presumed to be the last day of the year.

      2.  The certificate of registration or a copy of the certificate certified by the Secretary of State is admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this State, and raises a disputable presumption that the person to whom the certificate was issued is the owner of the mark in this State as applied to the goods or services described in the certificate.

      (Added to NRS by 1979, 596; A 1997, 160)

      NRS 600.355  Correction of inaccurate statement in application for registration; issuance of amended certificate of registration; fee.

      1.  If any statement in an application for registration of a mark was incorrect when made or any arrangements or other facts described in the application have changed, making the application inaccurate in any respect without materially altering the mark, the registrant shall promptly file in the Office of the Secretary of State a certificate, signed by the registrant or his or her successor or by a member of the firm or an officer of the corporation or association to which the mark is registered, correcting the statement.

      2.  Upon the filing of a certificate of amendment or judicial decree of amendment and the payment of a filing fee of $60, the Secretary of State shall issue, in accordance with NRS 600.350, an amended certificate of registration for the remainder of the period of the registration.

      (Added to NRS by 1995, 66; A 1997, 160; 2001, 3195)

      NRS 600.360  Expiration and renewal of registration; renewal fee.

      1.  The registration of a mark is effective for 5 years from the date of registration and, upon application filed within 6 months before the expiration of that period, on a form to be furnished by the Secretary of State, the registration may be renewed for a successive period of 5 years. A renewal fee of $50, payable to the Secretary of State, must accompany the application for renewal of the registration.

      2.  The registration of a mark may be renewed for additional successive 5-year periods if the requirements of subsection 1 are satisfied.

      3.  The Secretary of State shall give notice to each registrant when his or her registration is about to expire. The notice must be given within the year next preceding the expiration date, by writing to the registrant’s last known address.

      4.  All applications for renewals must include a statement that the mark is still in use in this State.

      (Added to NRS by 1979, 597; A 1993, 489; 2001, 3195)

      NRS 600.370  Assignment of mark and registration; fee.

      1.  A mark and its registration are 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. An assignment must:

      (a) Be in writing;

      (b) Be signed and acknowledged by the registrant or his or her successor or a member of the firm or an officer of the corporation or association under whose name the mark is registered; and

      (c) Be recorded with the Secretary of State upon the payment of a fee of $100 to the Secretary of State who, upon recording the assignment, shall issue in the name of the assignee a certificate of assignment for the remainder of the period of the registration.

      2.  An assignment of any registration is void as against any subsequent purchaser for valuable consideration without notice, unless:

      (a) The assignment is recorded with the Secretary of State within 3 months after the date of the assignment; or

      (b) The assignment is recorded before the subsequent purchase.

      (Added to NRS by 1979, 597; A 1987, 1114; 1993, 490; 1995, 67; 2001, 3196)

      NRS 600.380  Record of registered marks.  The Secretary of State shall keep for public examination a record of all registered marks.

      (Added to NRS by 1979, 597)

      NRS 600.390  Cancellation of registrations.  The Secretary of State shall cancel from the register:

      1.  After July 1, 1980, any filing or registration of a mark which has expired and is not renewed in accordance with the provisions of NRS 600.360.

      2.  Any registration which the registrant or the assignee of record voluntarily requests be cancelled.

      3.  Any registration concerning which a court of competent jurisdiction finds that:

      (a) The registered mark has been abandoned.

      (b) The registrant is not the owner of the mark.

      (c) The registration was granted improperly.

      (d) The registration was obtained fraudulently.

      (e) The registered mark is likely to cause confusion or mistake or to deceive because of its similarity to a mark registered by another person in the United States Patent and Trademark Office, before the date of the filing of the application for registration by the registrant under NRS 600.240 to 600.450, inclusive, and not abandoned. But if the registrant proves that he or she is the owner of a concurrent registration of his or her mark in the United States Patent and Trademark Office covering an area including this State, the registration with the Secretary of State must not be cancelled.

      4.  Any registration when a court of competent jurisdiction orders cancellation of the registration on any ground.

      (Added to NRS by 1979, 597)

      NRS 600.395  Fee for filing cancellation of registration.  The fee for filing a cancellation of registration pursuant to NRS 600.390 is $50.

      (Added to NRS by 1987, 1114; A 1993, 490; 2001, 3196)

      NRS 600.400  Regulations defining classes of goods and services for registration.

      1.  The Secretary of State may adopt regulations defining general classes of goods and services for which a mark may be registered. Classes defined pursuant to this subsection are deemed to be for administrative convenience and must not be deemed to be exclusive or limit or extend the rights of the applicant or registrant.

      2.  A single application for registration of a mark may include any goods within their class on which the mark is used, or any services within their class rendered in connection with the mark. If a mark is used for more than one class of goods or more than one class of services the applicant must file a separate application for each class.

      (Added to NRS by 1979, 598)

      NRS 600.410  Fraudulent registration.  Any person who for himself or herself, or on behalf of any other person, attempts to procure or procures the registration of any mark in this State by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, is liable for all damages sustained in consequence of the registration to any party injured thereby.

      (Added to NRS by 1979, 598)

      NRS 600.420  Infringement upon registered mark.  Any person:

      1.  Who uses, without the consent of the registrant, any reproduction, counterfeit, copy or colorable imitation of a mark registered in this State in connection with the sale, offering for sale or advertising of any goods or services, which use is likely to cause confusion or mistake or result in deception as to the source of origin of such goods or services; or

      2.  Who reproduces, counterfeits, copies or colorably imitates any mark registered in this State and applies or causes to apply that reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in conjunction with the sale or other distribution in this State of goods or services,

Ê is liable in a civil action by the owner of the registered mark for any or all of the remedies provided in NRS 600.430, except that the owner of the mark is not entitled to recover profits or damages under subsection 2 unless the act or acts were committed with knowledge that the reproduction, counterfeit, copy or imitation of the mark was intended to be used to cause confusion, mistake or deception.

      (Added to NRS by 1979, 598)

      NRS 600.430  Civil remedies.

      1.  Any owner of a mark registered in this State may proceed by suit to enjoin the manufacture, use, display or sale of counterfeits or imitations of it.

      2.  A court of competent jurisdiction may:

      (a) Grant injunctions to restrain such manufacture, use, display or sale as it deems just and reasonable under the circumstances;

      (b) Require the defendant to pay to the owner all profits derived from the wrongful acts of the defendant and all damages suffered by reason of these acts;

      (c) Require the defendant to pay to the owner treble damages on all profits derived from the willful and wrongful acts of the defendant and treble damages on all damages suffered by reason of these acts; and

      (d) Order that any counterfeits or imitations in the possession or control of any defendant be delivered for destruction to an officer of the court or to the complainant.

      3.  In an action brought pursuant to this section, the court may award costs and reasonable attorney’s fees to the prevailing party.

      4.  The enumeration of any right or remedy in this section does not affect a registrant’s right to prosecute under any penal law of this State.

      (Added to NRS by 1979, 599; A 2003, 2832)

      NRS 600.435  Action to enjoin commercial use of mark that is famous in this State.

      1.  Except as otherwise provided in subsection 4, the owner of a mark that is famous in this State may bring an action to enjoin commercial use of the mark by a person if such use:

      (a) Begins after the mark has become famous; and

      (b) Causes dilution of the mark.

      2.  In determining whether a mark is famous in this State, the court shall consider, without limitation, the following factors:

      (a) The degree of inherent or acquired distinctiveness of the mark in this State.

      (b) The duration and extent of use of the mark in connection with the goods and services with which the mark is used.

      (c) The duration and extent of advertisement and promotion of the mark in this State.

      (d) The geographical extent of the trading area in which the mark is used.

      (e) The channels of trade for the goods or services with which the mark is used.

      (f) The degree of recognition of the mark in the trading areas and channels of trade in this State used by the owner of the mark and the person against whom the injunction is sought.

      (g) The nature and extent of use of the same or similar mark by other persons.

      (h) Whether the mark is registered in this State or registered in the United States Patent and Trademark Office pursuant to federal law.

      3.  Except as otherwise provided in this subsection, the owner of a mark that is famous may obtain only injunctive relief in an action brought pursuant to this section. The owner of a mark that is famous is entitled to the remedies provided in NRS 600.430 if the person using the mark willfully intended to cause dilution of the mark or willfully intended to trade on the reputation of the owner of the mark.

      4.  The owner of a mark that is famous may not bring an action pursuant to this section for the fair use of the mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the mark.

      5.  As used in this section:

      (a) “Commercial use” means use of a mark primarily for profit. The term does not include use of a mark for research, criticism, news commentary, news reporting, teaching or any similar use that is not primarily for profit.

      (b) “Dilution” means a lessening in the capacity of a mark that is famous to identify and distinguish goods or services, regardless of the presence or absence of:

             (1) Competition between the owner of the mark and other persons; or

             (2) Likelihood of confusion, mistake or deception as to the source of origin of goods or services.

      (Added to NRS by 2001, 405)

      NRS 600.440  Rights and remedies cumulative.  The rights and remedies enumerated in NRS 600.240 to 600.450, inclusive, are in addition to those to which an owner of a mark is entitled under the common law.

      (Added to NRS by 1979, 599)

      NRS 600.450  Unlawful acts; penalty.

      1.  It is unlawful for any person or corporation:

      (a) To imitate any mark registered as provided in NRS 600.240 to 600.450, inclusive;

      (b) To use knowingly any counterfeit or imitation thereof;

      (c) To use or display such genuine mark unless authorized to do so; or

      (d) To use or display such genuine mark in a manner not authorized by the registrant.

      2.  Any person violating any provision of subsection 1 is guilty of a misdemeanor.

      [3:180:1907; RL § 4637; NCL § 7697]—(NRS A 1967, 620; 1979, 600; 1995, 68)

MISCELLANEOUS PROVISIONS

      NRS 600.500  Employer is sole owner of patentable invention or trade secret developed by employee.  Except as otherwise provided by express written agreement, an employer is the sole owner of any patentable invention or trade secret developed by his or her employee during the course and scope of the employment that relates directly to work performed during the course and scope of the employment.

      (Added to NRS by 2001, 942; A 2003, 2832)