HB165 Alabama 2010 Session

Summary

Primary Sponsor

Marcel Black

Democrat

Co-Sponsor

Gregory Canfield

Session

Regular Session 2010

Title

Trademarks, registration with Secretary of State, protection, renewal, goods and services, civil remedies, Secs. 8-12-6, 8-12-10, 8-12-14, 8-12-17, 8-12-18 am'd.

Summary

HB165 updates Alabama's trademark law to allow state registration, adopt USPTO classifications, extend renewal terms, and strengthen remedies for dilution and counterfeiting, including higher damages and attorney fees.

What This Bill Does

It creates a framework for registering and protecting trademarks with the Secretary of State, defines key terms, and adopts USPTO classifications for goods and services. It sets long-term registration terms with renewals and a per-class renewal fee, and outlines renewal notice procedures. It strengthens dilution remedies for famous marks (including injunctive relief) and increases damages and attorney fees in trademark cases; it also establishes civil remedies against counterfeits, including damages, profits, possible treble damages, and enforcement provisions. The act becomes effective January 1, 2011.

Who It Affects

• Trademark owners/registrants in Alabama (individuals, firms, and organizations) who seek registration, renewal, or enforcement of marks, with enhanced protection and potential remedies.
• Infringers, counterfeiters, and businesses using or handling marks improperly, who face stronger enforcement, potential damages and profits repayment, and possible destruction of counterfeit goods.

Key Provisions

• Defines key terms used in the article (Applicant, Dilution, Dilution by Blurring, Dilution by Tarnishment, Mark, Service Mark, Trade Name, Used, Registrant, etc.).
• Adopts the USPTO classifications of goods and services and allows registration to cover multiple classes, with per-class fees as needed.
• Registration lasts for a long-term period (ten five-year terms) and can be renewed for successive like terms; renewal requires a $30 fee and renewal notices are sent to the registrant's last known address.
• Adds dilution protections for famous marks, including injunctive relief to prevent dilution after a mark becomes famous; defines factors to determine if a mark is famous and where relief can apply within the state.
• Increases damages for trademark violations and authorizes attorney fees for prevailing parties under certain conditions (including willful infringement or dilution); may award profits and treble damages in some cases.
• Provides civil remedies against counterfeits (injunctions, recovery of profits and damages, possible destruction of counterfeit items, and attorney fees for prevailing parties); act becomes effective January 1, 2011.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Trademarks