Ala. Admin. Code r. 80-5-2-.03 - Similarity Of Names Prohibited
(1) No product, person, corporation, agency,
association or other like entity requesting registration, licensing or
permitting under Alabama law enforced by the Commissioner of Agriculture and
Industries shall be so similar in name to another person, corporation, agency,
association or other like entity already registered, licensed or permitted,
that the public could be confused or mistaken in purchasing the product or
dealing with the entity.
(2) The
decision on whether similarity creates confusion, misrepresentation, mistake or
fraud to the public shall be wholly that of the Commissioner of Agriculture and
Industries or his designated agent.
(3) Any person aggrieved by any decision of
the Commissioner or his agent may request and receive a hearing. The hearing
and any appeals henceforth shall be conducted under the provisions of the
Alabama Administrative Procedure Act and those laws applicable to the specific
registration, license or permit.
(4) The provisions of this rule shall not be
applicable if it is in conflict with any state or federal laws or rules
governing the registration of trademarks or brands. It is the responsibility of
the registrant to demonstrate said conflict.
Author: Charles H. Barnes
Notes
Statutory Authority: Code of Ala. 1975, ยง 2-2-16.
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