South Carolina General Assembly
114th Session, 2001-2002

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Bill 4303


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)


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Indicates New Matter

COMMITTEE REPORT

May 1, 2002

    H. 4303

Introduced by Rep. Talley

S. Printed 5/1/02--S.

Read the first time February 12, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 4303) to amend Section 39-15-1110, Code of Laws of South Carolina, 1976, relating to conditions which preclude the registration of certain distinguishing marks for goods or services, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, page 1, line 27, in Section 39-15-1110(A)(6), as contained in SECTION 1, after /another/ by inserting /    person        /.

    Renumber sections to conform.

    Amend title to conform.

JOHN DAVID HAWKINS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Department of Consumer Affairs indicates enactment of this bill will not have a fiscal impact on the General Fund of the State or on federal and/or other funds.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 39-15-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS WHICH PRECLUDE THE REGISTRATION OF CERTAIN DISTINGUISHING MARKS FOR GOODS OR SERVICES, SO AS TO PROVIDE THAT CERTAIN MARKS OR TRADE NAMES PREVIOUSLY USED BY ANOTHER IN THIS STATE MAY NOT BE REGISTERED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 39-15-1110(A)(6) of the 1976 Code, as added by Act 486 of 1994, is amended to read:

    "(6)    consists of or includes a mark which so resembles a mark registered in this State or a mark or trade name previously used by another in this State and not abandoned as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive."

SECTION    2.    This act takes effect upon approval by the Governor.

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