Ala. Admin. Code r. 80-5-2-.03
Current through Register Vol. 43, No. 1, October 31, 2024
Section 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
Ala. Admin. Code r. 80-5-2-.03
Statutory Authority:Code of Ala. 1975, § 2-2-16.