Trademarks

V.S.A. tit. 9, ch. 71, subch. 1

in effect

9 V.S.A. § 2521 Trademark defined

2521. Trademark defined The term “trademark” as used in this subchapter includes any word, name, symbol, or device, or any combination thereof, adopted and used: (1) by a manufacturer or merchant to identify his or her goods and distinguish them from those manufactured or sold by others; or (2) by another person on goods produced by his or her labor. Amended 2021, No. 20, § 25.

9 V.S.A. § 2522 Registration

2522. Registration Every person who adopts and uses any trademark for the purpose of designating, making known, and distinguishing any merchandise, goods, wares, or other products of labor, manufactured, produced, compounded, sold, or offered for sale in this State may, subject to the limitations hereafter set forth, file for record in the Office of the Secretary of State a statement under oath setting forth: (1) The name and address of the person applying for such registration. (2) The class of merchandise and a particular description of the goods comprised in each class to which such trademark has been appropriated and the mode in which it is used, the general nature of the applicant’s business, and the use of the subject of registration. (3) The date when such trademark hereunder was first used or adopted, and that no other person has the right to it, either in the identical form, or having such near resemblance thereto as may be calculated to deceive, or that would be liable to be mistaken therefor. (4) A facsimile, copy, or counterpart of such trademark shall be incorporated in or annexed to such statement, and a duplicate shall be filed therewith. Such statement shall be signed by the applicant in whose behalf it is filed, or by his, her, or its agent or duly authorized officer.

9 V.S.A. § 2523 Certificate of registration; filing fee

2523. Certificate of registration; filing fee There shall be paid to the Secretary of State for the filing of such statement a fee of $35.00. The Secretary of State shall deliver to the person filing such statement or causing the same to be filed a certificate of registration under the Secretary’s signature and State Seal, showing the name and address of the person claiming ownership of the trademark registered, the date of such filing, a general description of the trademark to be registered, and a receipt showing the payment of the filing fee therefore. The fee for renewal of any registration shall be $35.00. Amended 2003, No. 70 (Adj. Sess.), § 6, eff. March 1, 2004; 2023, No. 77, § 42, eff. June 20, 2023.

9 V.S.A. § 2524 Duration and renewal

2524. Duration and renewal Registrations recorded under the provisions of this subchapter shall be effective for 10 years and shall be renewable for like periods upon application to the Secretary of State and payment of the fee specified in section 2523 of this title. Registrants of trademarks recorded hereunder shall be notified by the Secretary of State of the necessity of renewal within the one-year period next preceding the expiration of the 10 years from the date of registration. Trademarks previously registered under sections 7757 to 7762, inclusive, of the Vermont Statutes, Revision of 1947, shall expire six months after January 1, 1958, or 10 years from the date of their registration, whichever date is later, and applications for re-registration may be made within the six months’ period preceding the expiration of the original registration. The fee for a re-registration under the provisions of this section shall be $20.00. Amended 2003, No. 70 (Adj. Sess.), § 7, eff. March 1, 2004.

9 V.S.A. § 2525 Assignments

2525. Assignments Title to any trademark and its registration hereunder may be transferred and assigned to any person together with the goodwill of the business to which such trademark pertains or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Written assignments shall be recorded by the Secretary of State upon payment of the fee of $35.00. When such assignment is recorded, a new certificate of registration shall be issued in the name of the assignee. Amended 2003, No. 70 (Adj. Sess.), § 8, eff. March 1, 2004; 2023, No. 77, § 43, eff. June 20, 2023.

9 V.S.A. § 2526 Applications for registration; classification

2526. Applications for registration; classification All applications for registration of a trademark and renewals or assignments thereof shall be on forms prescribed by the Secretary of State. The Secretary of State shall establish classes of merchandise for the purpose of trademark registration, and shall determine the particular descriptions of goods comprised in each class. Amended 1981, No. 217 (Adj. Sess.), § 9.

9 V.S.A. § 2527 Suitability for registration

2527. Suitability for registration (a) The Secretary of State shall not register a trademark that consists of or comprises immoral, deceptive, or scandalous matter; or matter that may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute, or consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation or any simulation thereof. (b) The Secretary of State shall not register as a trademark the portrait of any living individual, except with the consent of such individual evidenced by an instrument in writing, or a merely geographical name or term, or any trademark that is identical with any trademark theretofore used or registered by any other person that, when applied to the goods of the applicant, is likely to cause confusion or mistake or to deceive purchasers, or that so nearly resembles such trademark as to be likely to cause confusion or mistake in the minds of the public or to deceive purchasers, or any trademark that consists merely in the name of any person, not written, printed, impressed, or woven in a particular or distinctive manner or in association with a portrait of such individual, or that consists merely in words that are descriptive of the merchandise with which they are used or the character or quality of such merchandise. Amended 1981, No. 217 (Adj. Sess.), § 10.

9 V.S.A. § 2528 Fraudulent registration

2528. Fraudulent registration Any person who shall for himself, herself, or on behalf of any other person, procure the filing and registration of any trademark by making knowingly and willfully any false or fraudulent representations or declarations, verbally, or in writing, or by any fraudulent means, shall be liable to pay all damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby, in a civil action on this statute, and shall be fined not exceeding $500.00 or imprisoned not exceeding one year, or both.

9 V.S.A. § 2529 Enjoining use of counterfeits or imitations

2529. Enjoining use of counterfeits or imitations A person who has adopted and registered a trademark as aforesaid, may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations thereof, and the Superior Court may grant injunctions to restrain such manufacture, use, display, or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such person all profits derived from such wrongful manufacture, use, display, or sale; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case, be delivered to an officer of the court, or to the complainant, to be destroyed.

9 V.S.A. § 2530 Violations

2530. Violations Subject to the provisions of section 2532 of this title, no person shall knowingly and willfully: (1) falsely make, counterfeit, imitate, sell, offer for sale, or in any way utter or circulate any trademark that has been registered in accordance with the provisions of this subchapter; (2) affix to any article of merchandise a false or counterfeit or imitation trademark, or the genuine trademark of another that has been registered in accordance with the provisions of this subchapter, without the latter’s consent; (3) sell, keep, or offer for sale an article of merchandise, to which is affixed a false or counterfeit trademark, or the genuine trademark, or an imitation of the trademark of another that has been registered in accordance with the provisions of this subchapter, without the latter’s consent; (4) have in his or her possession a counterfeit trademark or a die, plate, brand, or other thing for the purpose of falsely making or counterfeiting a trademark that has been registered in accordance with the provisions of this subchapter; or (5) make or sell, or offer to sell or dispose of, or have in his or her possession with intent to sell or dispose of, an article of merchandise with a trademark that has been registered in accordance with the provisions of this subchapter by another, which indicates falsely the quantity, character, place of manufacture or production, or person manufacturing, producing, or sponsoring the article.

9 V.S.A. § 2531 Penalties

2531. Penalties Subject to the provisions of section 2532 of this title, any person who violates any of the provisions of section 2530 of this title shall be fined not more than $500.00 or imprisoned for not more than one year, or both, and shall be liable to pay all damages sustained in consequence of such violation of section 2530, to be recovered by or on behalf of the party injured thereby, in a civil action on this statute.

9 V.S.A. § 2532 Prior rights

2532. Prior rights Nothing in this subchapter shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. Amended 2021, No. 20, § 26.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/09/071Fetched: 10/21/2026