SB432 Alabama 2010 Session

Summary

Primary Sponsor

Ben H. Brooks

Republican

Co-Sponsor

Rusty Glover

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

SB432 updates Alabama's trademark law by modernizing definitions, adding renewal and classification changes, and expanding remedies and damages for dilution and counterfeit marks.

What This Bill Does

The bill redefines key trademark terms, creates a five-year renewal cycle for registrations with a renewal fee, and adopts the USPTO classifications of goods and services. It strengthens protections against dilution of famous marks and allows injunctive relief and greater remedies when a mark is diluted. It also strengthens enforcement against counterfeit or imitation marks by giving courts power to award profits, actual damages, possible treble damages, and attorney fees in certain cases. It becomes effective January 1, 2011, and includes renewal notices to registrants.

Who It Affects

• Trademark owners/registrants in Alabama who must renew registrations every five years and may pay per-class fees for multi-class filings.
• Businesses and brands using marks or trade names in Alabama who will be subject to the USPTO-classifications system and new dilution and enforcement remedies.
• Counterfeiters or imitators who may face injunctions, profits and damages awards, and possible treble damages and attorney fees.

Key Provisions

• Defines key terms (Applicant, Dilution, Dilution by Blurring, Dilution by Tarnishment, Mark, Registrant, Service Mark, Trademark, Trade Name, Used).
• Permits renewal of mark registrations for five-year terms; renewal upon in-use verification and payment of a $30 renewal fee.
• Adopts USPTO classifications for goods and services; when multiple classes are in one application, a per-class fee may be charged.
• Adds dilution remedies for famous marks, including injunctive relief; defines 'famous' and factors for recognition; allows fair-use exceptions.
• Increases damages for trademark violations and allows reasonable attorney fees; for counterfeits, courts may award profits, actual damages (with potential trebling) and costs; fees may be awarded under certain conditions.
• Effective date: January 1, 2011; requires renewal notices to registrants and transitional provisions for existing registrations.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Trademarks