SENATE AMENDED
PRIOR PRINTER'S NOS. 1037, 2588 PRINTER'S NO. 3758
No. 950 Session of 1981
INTRODUCED BY SPENCER AND BERSON, MARCH 23, 1981
AS AMENDED ON SECOND CONSIDERATION, IN SENATE,
NOVEMBER 23, 1982
AN ACT
1 Amending Title 54 (Names) of the Pennsylvania Consolidated
2 Statutes, adding revised, codified and compiled provisions
3 relating to names and marks and making conforming and related
4 amendments to Titles 15 (Corporations and Unincorporated
5 Associations) and 18 (Crimes and Offenses) and separately
6 enacting certain related provisions of law.
7 TABLE OF CONTENTS
8 TITLE 54
9 NAMES
10 Chapter 1. General Provisions
11 § 101. Definitions.
12 § 102. Functions and powers of Department of State.
13 Chapter 3. Fictitious Names
14 § 301. Short title of chapter.
15 § 302. Definitions.
16 § 303. Scope of chapter.
17 § 304. Effect of registration under prior statutes.
18 § 311. Registration.
1 § 312. Amendment.
2 § 313. Cancellation or withdrawal.
3 § 321. Decennial filings required.
4 § 331. Contracts entered into by entity using unregistered
5 fictitious name.
6 § 332. Effect of registration.
7 Chapter 5. Corporate and Association Names
8 § 501. Register established.
9 § 502. Certain additions to register.
10 § 503. Decennial filings required.
11 § 504. Effect of failure to make decennial filings.
12 § 505. Late filings.
13 § 506. Voluntary termination of registration by nonprofit
14 associations.
15 Chapter 7. Judicial Change of Name
16 § 701. Court approval required for change of name.
17 § 702. Change by order of court.
18 § 703. Effect on children.
19 § 704. Divorced person may resume prior name.
20 § 705. Penalty for violation of chapter.
21 Chapter 11. Trademarks
22 § 1101. Short title of chapter.
23 § 1102. Definitions.
24 § 1103. Classification.
25 § 1111. Registrability.
26 § 1112. Application for registration.
27 § 1113. Registration of mark.
28 § 1114. Duration and renewal.
29 § 1115. Assignment.
30 § 1116. Cancellation.
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1 § 1121. Damages for fraudulent registration.
2 § 1122. Disclaimer of unregistrable matter.
3 § 1123. Infringement.
4 § 1124. Injury to business or reputation; dilution.
5 § 1125. Remedies.
6 § 1126. Common law rights.
7 Chapter 13. Insignia
8 § 1301. Definitions.
9 § 1302. Effect of registration under prior statutes.
10 § 1311. Registration of insignia.
11 § 1312. Amendment.
12 § 1313. Cancellation.
13 § 1314. Decennial filings required.
14 § 1321. Specifying conditions under which union label may be
15 used.
16 § 1322. Rescission of right to use union label of allied
17 crafts.
18 § 1331. Injunction relief.
19 Chapter 15. Reusable Marked Articles and Receptacles
20 § 1501. Definitions.
21 § 1502. Effect of registration under prior statutes.
22 § 1511. Registration of articles or supplies.
23 § 1512. Amendment.
24 § 1513. Assignment.
25 § 1514. Cancellation of registration.
26 § 1515. Decennial filings required.
27 § 1521. Paying or accepting of deposit not deemed a sale.
28 § 1522. Using or removal of identity of receptacle.
29 § 1523. Laundering articles labeled with mark of owner.
30 § 1524. Unauthorized use as presumptive evidence.
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1 § 1525. Return of supplies.
2 § 1531. Penalty.
3 Chapter 17. Newspapers
4 § 1701. Identification of owner and editor.
5 § 1702. Changes in information to be published.
6 § 1703. Penalty.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Chapters 1, 3, 5 and 7 of Title 54, act of
10 November 25, 1970 (P.L.707, No.230), known as the Pennsylvania
11 Consolidated Statutes, are repealed.
12 Section 2. Title 54 is amended by adding chapters to read:
13 TITLE 54
14 NAMES
15 Chapter
16 1. General Provisions
17 3. Fictitious Names
18 5. Corporate and Association Names
19 7. Judicial Change of Name
20 11. Trademarks
21 13. Insignia
22 15. Reusable Marked Articles and Receptacles
23 17. Newspapers
24 CHAPTER 1
25 GENERAL PROVISIONS
26 Sec.
27 101. Definitions.
28 102. Functions and powers of Department of State.
29 § 101. Definitions.
30 Subject to additional definitions contained in subsequent
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1 provisions of this title which are applicable to specific
2 provisions of this title, the following words and phrases when
3 used in this title shall have, unless the context clearly
4 indicates otherwise, the meanings given to them in this section:
5 "Corporation not-for-profit." A corporation not-for-profit
6 as defined in Title 15 (relating to corporations and
7 unincorporated associations).
8 "Department." The Department of State of the Commonwealth.
9 "Officially publish." The meaning specified in 15 Pa.C.S. §
10 102 (relating to definitions) except that the county of
11 publication shall be as specified in this title.
12 "Verified statement." A document filed under this title
13 containing statements of fact and a statement by the signatory
14 that it is made subject to the penalties of 18 Pa.C.S. § 4904
15 (relating to unsworn falsification to authorities).
16 § 102. Functions and powers of Department of State.
17 Subchapter B of Chapter 1 of Title 15 (relating to functions
18 and powers of Department of State) shall be applicable to
19 filings in and the functions of the Department of State under
20 this title.
21 CHAPTER 3
22 FICTITIOUS NAMES
23 Sec.
24 301. Short title of chapter.
25 302. Definitions.
26 303. Scope of chapter.
27 304. Effect of registration under prior statutes.
28 311. Registration.
29 312. Amendment.
30 313. Cancellation or withdrawal.
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1 321. Decennial filings required.
2 331. Contracts entered into by entity using unregistered
3 fictitious name.
4 332. Effect of registration.
5 § 301. Short title of chapter.
6 This chapter shall be known and may be cited as the
7 "Fictitious Names Act."
8 § 302. Definitions.
9 The following words and phrases when used in this chapter
10 shall have, unless the context clearly indicates otherwise, the
11 meanings given to them in this section:
12 "Business." Any commercial or professional activity.
13 "Entity." Any individual, corporation, association,
14 partnership, joint-stock company, business trust, syndicate,
15 joint adventureship or other combination or group of persons.
16 "Fictitious name." Any assumed or fictitious name, style or
17 designation other than the proper name of the entity using such
18 name. The term includes the name of any association, general
19 partnership, business trust, syndicate, joint adventureship or
20 similar combination or group of persons.
21 § 303. Scope of chapter.
22 (a) Voluntary registration.--Any one or more entities may
23 elect to register a fictitious name under this chapter for the
24 purpose of establishing a public record of their relationship to
25 any business or other activity carried on under or through such
26 fictitious name.
27 (b) Mandatory registration.--
28 (1) Except as provided in paragraph (2), any entity
29 which either alone or in combination with any other entity
30 conducts any business in this Commonwealth under or through
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1 any fictitious name shall register the fictitious name under
2 this chapter and shall amend such registration whenever
3 necessary to maintain the accuracy of the information
4 disclosed thereby.
5 (2) Paragraph (1) shall not apply to any:
6 (i) Nonprofit or professional activities.
7 (ii) Activities which are expressly or impliedly
8 prohibited by law from being carried on under a
9 fictitious name.
10 (iii) Limited partnership which is registered in the
11 department pursuant to Chapter 5 of Title 59 (relating to
12 limited partnerships). The preceding sentence shall not
13 apply to any entity which includes the limited
14 partnership as a participant unless the entity is itself
15 such a limited partnership.
16 (iv) An unincorporated association.
17 (c) Other restrictions unaffected.--The registration of a
18 fictitious name under this chapter shall not be a defense to any
19 action or proceeding brought to enforce any law which expressly
20 or impliedly prohibits any activity from being carried on under
21 a fictitious name.
22 § 304. Effect of registration under prior statutes.
23 Fictitious names registered under the former provisions of
24 the following statutes shall be deemed to be registered under
25 this chapter:
26 Act of June 28, 1917 (P.L.645, No.227), relating to
27 individual fictitious names.
28 Act of May 24, 1945 (P.L.967, No.380), referred to as the
29 Fictitious Name Act.
30 Act of July 11, 1957 (P.L.783, No.374), known as the
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1 "Fictitious Corporate Name Act."
2 § 311. Registration.
3 (a) General rule.--A fictitious name may be registered under
4 this chapter by filing in the department an application for
5 registration of fictitious name, which shall be executed as
6 provided in subsection (d), and shall set forth:
7 (1) The fictitious name.
8 (2) A brief statement concerning the character or nature
9 of the business or other activity to be carried on under or
10 through the fictitious name.
11 (3) The address of the principal place of business.
12 (4) The name and address, including street and number,
13 if any, of each individual interested in such business or
14 other activity.
15 (5) With respect to each entity, other than an
16 individual, interested in such business or other activity:
17 (i) The name of the entity and a statement of its
18 form of organization.
19 (ii) The name of the jurisdiction under the laws of
20 which it is organized.
21 (iii) The address, including street and number, if
22 any, of its principal office under the laws of its
23 domiciliary jurisdiction.
24 (iv) The address, including street and number, if
25 any, of its registered office, if any, in this
26 Commonwealth.
27 (6) A statement that the applicant is familiar with the
28 provisions of section 332 (relating to effect of
29 registration) and understands that filing under the
30 Fictitious Names Act does not create any exclusive or other
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1 right in the fictitious name.
2 (7) Such other information necessary to the
3 administration of this chapter as the department may specify
4 by regulation.
5 (b) Use of corporate designators.--A fictitious name
6 registered under this chapter:
7 (1) May contain a corporate designator such as <--
8 "corporation," "company," "incorporated" or "limited" or an
9 abbreviation thereof, notwithstanding the fact that some or
10 all of the persons interested therein are individuals.
11 (1) MAY NOT CONTAIN A CORPORATE DESIGNATOR SUCH AS <--
12 "CORPORATION," "INCORPORATED" OR "LIMITED" OR ANY DERIVATION
13 OR ABBREVIATION THEREOF. THE USE OF THE WORD "COMPANY" OR ANY
14 DERIVATION OR ABBREVIATION THEREOF BY A PROPRIETORSHIP OR A
15 CORPORATION IS PERMISSIBLE.
16 (2) Need not contain a corporate designator,
17 notwithstanding the fact that some or all of the persons
18 interested therein are corporations. This paragraph shall not
19 be construed to limit or affect any personal liability
20 otherwise existing of shareholders of a corporation to
21 persons who deal with the corporation without knowledge of
22 its status as such.
23 (c) Agent for effecting amendments.--The application may
24 designate one or more parties who shall be authorized to execute
25 amendments to, withdrawals from or cancellation of the
26 registration under this chapter in behalf of all then existing
27 parties to the registration.
28 (d) Execution.--
29 (1) Where the application for registration relates to an
30 entity which includes one or more participants which are
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1 partnerships or other entities composed of two or more
2 parties, it shall not be necessary for each ultimate party to
3 be named in and to execute the application, but only the
4 constituent participants shall be named in the application
5 and a partner or other authorized representative of a
6 participant may execute the application on behalf of the
7 participant.
8 (2) Where the application for registration relates to a
9 trust or similar entity, it shall not be necessary for each
10 beneficial owner or similar ultimate party to be named in and
11 to execute the application, but only the trustees of the
12 trust or the governing body of the similar entity shall be
13 named in and shall execute the application.
14 (3) Otherwise, the application for registration shall be
15 executed by each individual party thereto and, in the case of
16 any other entity, by two duly authorized officers thereof
17 under the seal, if any, of the entity.
18 (4) The application of any party may be executed by the
19 attorney-in-fact of the party accompanied by written evidence
20 of the authority of the attorney-in-fact.
21 (e) Duplicate use of names.--The fictitious name shall not
22 be the same as or deceptively similar to:
23 (1) The name of any domestic corporation, or any foreign
24 corporation authorized to do business in this Commonwealth,
25 or the name of any nonprofit unincorporated association
26 registered at any time under Chapter 5 (relating to corporate
27 and association names) unless such name is available or is
28 made available for use under the provisions or procedures of
29 15 Pa.C.S. § 7313(b)(1)(i) or (ii) (relating to duplicate use
30 of names).
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1 (2) The name of any limited partnership organized under
2 Chapter 5 of Title 59 (relating to limited partnerships).
3 (3) The name of any administrative department, board or
4 commission or other agency of this Commonwealth.
5 (4) A name the exclusive right to which is at the time
6 reserved by any other person whatsoever in the manner
7 provided by statute.
8 (f) Required approvals.--The fictitious name shall not
9 contain:
10 (1) The words "college," "university" or "seminary" when
11 used in such a way as to imply that the entity is an
12 educational institution conforming to the standards and
13 qualifications prescribed by the State Board of Education
14 unless there is submitted a certificate from the Department
15 of Education certifying that the entity is entitled to use
16 such designation.
17 (2) The words "engineer" or "engineering" or "surveyor"
18 or "surveying" or any other word implying that any form of
19 the practice of engineering or surveying, as defined in the
20 act of May 23, 1945 (P.L.913, No.367), known as the
21 "Professional Engineers Registration Law," is provided unless
22 at least one of the parties to the registration has been
23 properly registered with the State Registration Board for
24 Professional Engineers and there is submitted to the
25 department a certificate from the board to that effect.
26 (3) The words "bank," "banking," "banker" or "trust" or
27 any other word implying that the entity is a bank, bank and
28 trust company, savings bank, private bank or trust company,
29 as defined in the act of November 30, 1965 (P.L.847, No.356),
30 known as the "Banking Code of 1965," unless approved by the
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1 Department of Banking.
2 (4) The word "cooperative" or any abbreviation thereof
3 unless it has complied with one of the Acts of Assembly
4 relative to cooperative corporations or associations.
5 (5) Any word or phrase not permitted by law to be filed
6 under this chapter without governmental consent unless there
7 is submitted to the department written evidence of such
8 consent.
9 (g) Advertisement.--An entity which includes an individual
10 party shall officially publish in the county in which the
11 principal office or place of business of the entity is, or in
12 the case of a proposed entity is to be, located, notice of its
13 intention to file or the filing of an application for
14 registration of a fictitious name under this chapter. The notice
15 may appear prior to or after the day upon which the application
16 is filed in the department and be kept with the permanent
17 records of the business and shall set forth briefly:
18 (1) The fictitious name.
19 (2) The address, including street and number, if any, of
20 the principal office or place of business of the business to
21 be carried on under or through the fictitious name.
22 (3) The names and respective addresses, including street
23 and number, if any, of all persons who are parties to the
24 registration.
25 (4) A statement that an application for registration of
26 a fictitious name is to be or was filed under the Fictitious
27 Names Act.
28 (5) A date on or before which the application will be
29 filed in the Department of State or the date when the
30 application was filed.
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1 § 312. Amendment.
2 (a) General rule.--A fictitious name registration under this
3 chapter may be amended by filing in the department an
4 application for amendment of fictitious name registration, which
5 shall be executed as provided in subsection (b), and shall set
6 forth:
7 (1) The fictitious name as theretofore registered.
8 (2) An identification of the last preceding filing in
9 the department with respect to the fictitious name.
10 (3) The amendment, which may change the fictitious name,
11 add or withdraw or reflect a change in name of a party to the
12 registration, or otherwise revise the filing, and which shall
13 revise any information set forth in preceding filings which
14 has become inaccurate, and which shall restate in full all
15 such information as so revised.
16 (4) A statement that the amendment, without reference to
17 any preceding filing, sets forth all information with respect
18 to the fictitious name which would be required in an original
19 filing under the Fictitious Names Act.
20 (5) Such other information necessary to the
21 administration of this chapter as the department may specify
22 by regulation.
23 (b) Execution.--The application for amendment may be
24 executed:
25 (1) in the same manner as an original application for
26 registration of a fictitious name, including any party who is
27 thereby withdrawing; or
28 (2) by the agent or agents designated pursuant to
29 section 311(c) (relating to agent for effecting amendments)
30 or subsection (a)(3) and by any additional party to such
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1 registration.
2 (c) Required approvals.--Section 311(f) (relating to
3 required approvals) shall be applicable to any amendment which
4 effects a change in the fictitious name as theretofore
5 registered.
6 § 313. Cancellation or withdrawal.
7 (a) General rule.--A fictitious name registration under this
8 chapter may be cancelled, or a party to such a registration may
9 withdraw therefrom, by filing in the department an application
10 for cancellation of fictitious name registration or an
11 application for withdrawal from fictitious name registration, as
12 the case may be, which shall be executed as provided in
13 subsection (b), and shall set forth:
14 (1) The fictitious name as theretofore registered.
15 (2) An identification of the last preceding filing in
16 the department with respect to the fictitious name.
17 (3) A statement that the fictitious name registration is
18 cancelled, or that one or more, but less than all, parties to
19 the registration have withdrawn from the business or other
20 activity carried on under or through the fictitious name.
21 (4) Such other information necessary to the
22 administration of this chapter as the department may specify
23 by regulation.
24 (b) Execution.--An application under this section may be
25 executed in the same manner as an application for amendment of
26 fictitious name registration except that an application for
27 withdrawal from fictitious name registration may be executed
28 solely by the withdrawing party.
29 § 321. Decennial filings required.
30 (a) General rule.--Every registrant of a fictitious name
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1 registered under this chapter shall decennially, during the year
2 1990 and each year thereafter divisible by ten, file in the
3 department a report, which shall be executed in the same manner
4 as an application for amendment of fictitious name registration,
5 and shall set forth:
6 (1) The fictitious name as theretofore registered.
7 (2) An identification of the last preceding filing in
8 the department with respect to the fictitious name.
9 (3) A statement that the business or activity set forth
10 of record continues to be carried on under or through the
11 fictitious name or that the parties desire that the
12 registration of the fictitious name be continued in effect.
13 (4) Such other information necessary to the
14 administration of this chapter as the department may specify
15 by regulation.
16 (b) Requirement satisfied by other filings.--Subsection (a)
17 shall not apply to a registrant which during the preceding ten
18 years has made any filing with the department under this
19 chapter.
20 (c) Effect of failure to make decennial filings.--On January
21 1 of the year following the year during which a report is
22 required to be filed under subsection (a) every fictitious name
23 with respect to which no such report has been filed during the
24 immediately preceding year shall be deemed to be no longer
25 registered under this chapter. Such registration may thereafter
26 be restored only by the filing under this chapter of an original
27 application for registration of fictitious name.
28 § 331. Contracts entered into by entity using unregistered
29 fictitious name.
30 (a) General rule.--No entity which has failed to register a
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1 fictitious name as required by this chapter shall be permitted
2 to maintain any action in any tribunal of this Commonwealth
3 until such entity shall have complied with the provisions of
4 this chapter. Nor shall any action be maintained in any tribunal
5 of this Commonwealth by any successor or assignee of such entity
6 on any right, claim or demand arising out of a transaction with
7 respect to which such entity used such fictitious name until
8 such entity, or an entity which has acquired all or
9 substantially all of its assets, shall have complied with the
10 provisions of this chapter. The failure of any entity to
11 register a fictitious name as required by this chapter shall not
12 impair the validity of any contract or act of such entity and
13 shall not prevent such entity from defending any action in any
14 tribunal of this Commonwealth.
15 (b) Civil penalty.--Before any entity may institute any
16 action in any tribunal of this Commonwealth on any cause of
17 action arising out of any transaction in respect to which such
18 entity used a fictitious name prior to the date of the
19 registration of such fictitious name, or after the date its
20 registration under this chapter was cancelled or otherwise
21 terminated as to such entity, the entity shall pay to the
22 department for the use of the Commonwealth a civil penalty of
23 $500.
24 (c) Substantial compliance.--The penalties of subsections
25 (a) and (b) shall not be applicable if there has been
26 substantial compliance in good faith with the requirements of
27 this chapter or the corresponding provisions of prior law.
28 § 332. Effect of registration.
29 (a) General rule.--Registration under this chapter imparts
30 no legal right to the registering entity other than that the
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1 conducting of business by it under a fictitious name shall not
2 result in the penalties provided by section 331 (relating to
3 contracts entered into by entity using unregistered fictitious
4 name).
5 (b) Corporate qualification unaffected.--The registration
6 required under this chapter is in addition to all other acts
7 required of a corporation prerequisite to its doing business in
8 this Commonwealth and no provision of this chapter shall be
9 construed as relieving a corporation of any duty under any other
10 statute.
11 CHAPTER 5
12 CORPORATE AND ASSOCIATION NAMES
13 Sec.
14 501. Register established.
15 502. Certain additions to register.
16 503. Decennial filings required.
17 504. Effect of failure to make decennial filings.
18 505. Late filings.
19 506. Voluntary termination of registration by nonprofit
20 associations.
21 § 501. Register established.
22 (a) General rule.--A register is established by this chapter
23 which shall consist of such of the following names as are not
24 deleted therefrom by operation of section 504 (relating to
25 effect of failure to make decennial filings) or 506 (relating to
26 voluntary termination of registration by nonprofit
27 associations):
28 (1) A name registered prior to February 13, 1973 under
29 the act of May 16, 1923 (P.L.246, No.160), relating to
30 registration of certain names.
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1 (2) A name registered under section 502 (relating to
2 certain additions to register).
3 (3) In the case of a corporation not-for-profit, a name
4 rendered unavailable for corporate use by other corporations
5 by reason of any filing in the department by such corporation
6 not-for-profit.
7 (b) Subsequent availability of certain names.--Whenever, by
8 reason of change in name, withdrawal or dissolution of a
9 corporation not-for-profit, or for any other cause, its name is
10 no longer rendered unavailable by the express provisions of
11 Title 15 (relating to corporations and unincorporated
12 associations) such name shall no longer be deemed to be
13 registered under subsection (a)(3) on the register established
14 by this chapter.
15 § 502. Certain additions to register.
16 (a) Corporations.--A domestic corporation not-for-profit
17 incorporated prior to May 16, 1923 may register its name with
18 the department under this chapter by effecting the filing
19 specified in 15 Pa.C.S. § 7321 (relating to filing of
20 certificate of summary of record by corporations incorporated
21 prior to 1973).
22 (b) Unincorporated associations.--A nonprofit unincorporated
23 association may register with the department the name under
24 which it is doing business or operating by filing an application
25 for registration, which shall be executed by two duly authorized
26 officers of the association, and shall set forth:
27 (1) The name to be registered.
28 (2) The address, including street and number, if any, of
29 the association.
30 (3) The length of time, if any, during which the name
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1 has been used by the applicant.
2 (4) Such other information necessary to the
3 administration of this chapter as the department may specify
4 by regulation.
5 (c) Limitation on names which may be registered.--
6 Notwithstanding subsections (a) and (b), no new name shall be
7 registered or deemed to be registered under this section which
8 is the same as or deceptively similar to any other name then
9 registered or deemed to be registered under this chapter,
10 without the consent of the senior registrant.
11 § 503. Decennial filings required.
12 (a) General rule.--Every corporation not-for-profit or
13 nonprofit association whose name is registered under this
14 chapter shall decennially, during the year 1980 1990 and each <--
15 year thereafter divisible by ten, file in the department a
16 report, which shall be executed by two duly authorized officers
17 under the seal, if any, of the corporation or association, and
18 shall set forth:
19 (1) The name of the corporation or association.
20 (2) The address, including street and number, if any, of
21 its registered or other office.
22 (3) A statement that the corporation or association
23 continues to exist.
24 (4) Such other information necessary to the
25 administration of this chapter as the department may specify
26 by regulation.
27 (b) Requirement satisfied by other filings.--Subsection (a)
28 shall not apply to a corporation which during the preceding ten
29 years has made any filing in the department a permanent record
30 of which is retained by the department.
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1 § 504. Effect of failure to make decennial filings.
2 On January 1 of the year following the year during which a
3 report is required to be filed under section 503 (relating to
4 decennial filings required) the name of every corporation and
5 association which has failed to comply with such section shall
6 no longer be deemed to be registered under this chapter.
7 § 505. Late filings.
8 A corporation or association which has failed to file the
9 report required by section 503 (relating to decennial filings
10 required) may do so at any later time, which filing shall
11 reinstate the name of the corporation or association on the
12 register established by this chapter unless its name has been
13 appropriated during the period of the delinquency by any other
14 person in the manner provided in this chapter or as otherwise
15 provided by law.
16 § 506. Voluntary termination of registration by nonprofit
17 associations.
18 Any nonprofit association which has its name registered under
19 this chapter may terminate such registration by filing in the
20 department a statement of termination of registration of name,
21 which shall be executed by two duly authorized officers under
22 the seal, if any, of the association, and shall set forth:
23 (1) The name of the association.
24 (2) The address, including street and number, if any, of
25 the association.
26 (3) The date on which and the statute under which the
27 name of the association was registered.
28 (4) A statement that the registration of the name of the
29 association under this chapter is terminated.
30 (5) Such other information necessary to the
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1 administration of this chapter as the department may specify
2 by regulation.
3 CHAPTER 7
4 JUDICIAL CHANGE OF NAME
5 Sec.
6 701. Court approval required for change of name.
7 702. Change by order of court.
8 703. Effect on children.
9 704. Divorced person may resume prior name.
10 705. Penalty for violation of chapter.
11 § 701. Court approval required for change of name.
12 (a) General rule.--It shall be unlawful for any person to
13 assume a name different from the name by which such person is
14 and has been known, unless such change in name is made pursuant
15 to proceedings in court as provided by this chapter.
16 (b) Informal change of name.--Notwithstanding subsection (a)
17 a person may at any time adopt and use any name if such name is
18 used consistently, nonfraudulently and exclusively.
19 § 702. Change by order of court.
20 The court of common pleas of any county may by order change
21 the name of any person resident in the county.
22 § 703. Effect on children.
23 (a) General rule.--Whenever an order is made under this
24 chapter changing the surname of anyone who is at the time
25 thereof the parent of a minor child or adopted minor child, then
26 under the care of such parent, the new surname of such parent
27 shall, unless otherwise ordered by the court, thereafter be
28 borne likewise by such minor child.
29 (b) Further change on attaining majority.--Any minor child
30 whose surname has been changed pursuant to subsection (a) upon
19810H0950B3758 - 21 -
1 attaining majority shall also be entitled to the benefits of
2 section 702 (relating to change by order of court).
3 § 704. Divorced person may resume prior name.
4 (a) General rule.--Any person who is divorced from the bonds
5 of matrimony may resume any prior surname used by him or her by
6 filing a written notice to such effect in the office of the
7 clerk of the court in which the decree of divorce was entered,
8 showing the caption and docket number of the proceeding in
9 divorce.
10 (b) Foreign decrees.--Where a divorced person has been the
11 subject of a decree of divorce granted in a foreign
12 jurisdiction, a certified copy of such foreign divorce decree
13 may be filed with the clerk of the court of common pleas of the
14 county where the person resides, and thereafter the notice
15 specified in subsection (a) may be filed with reference to such
16 decree.
17 § 705. Penalty for violation of chapter.
18 Any person violating the provisions of this chapter for
19 purpose of avoiding payment of taxes or other debts commits a
20 summary offense.
21 CHAPTER 11
22 TRADEMARKS
23 Sec.
24 1101. Short title of chapter.
25 1102. Definitions.
26 1103. Classification.
27 1111. Registrability.
28 1112. Application for registration.
29 1113. Registration of mark.
30 1114. Duration and renewal.
19810H0950B3758 - 22 -
1 1115. Assignment.
2 1116. Cancellation.
3 1121. Damages for fraudulent registration.
4 1122. Disclaimer of unregistrable matter.
5 1123. Infringement.
6 1124. Injury to business or reputation; dilution.
7 1125. Remedies.
8 1126. Common law rights.
9 § 1101. Short title of chapter.
10 This chapter shall be known and may be cited as the
11 "Pennsylvania Trademark Act."
12 § 1102. Definitions.
13 The following words and phrases when used in this chapter
14 shall have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 "Adopted and used." A trademark shall be deemed to be
17 "adopted and used" in this Commonwealth when it is placed in any
18 manner on the goods or their containers or the displays
19 associated therewith or on the tags or labels affixed thereto,
20 and such goods are sold or otherwise distributed in this
21 Commonwealth. A service mark shall be deemed to be "adopted and
22 used" in this Commonwealth when it is used or displayed in the
23 sale or advertising of services and the services are rendered in
24 this Commonwealth.
25 "Applicant." Any person filing an application for
26 registration of a mark under this chapter, or the legal
27 representatives, successors or assigns of such person.
28 "Mark." Includes any trademark or service mark entitled to
29 registration under this chapter whether registered or not.
30 "Registrant." Any person who registers a mark under this
19810H0950B3758 - 23 -
1 chapter, or the legal representatives, successors or assigns of
2 such person.
3 "Service mark." A mark used in the sale or advertising of
4 services to identify the services of one person and distinguish
5 them from the services of others and includes, without
6 limitation, the marks, names, symbols, titles, designations,
7 slogans, character names and distinctive features of radio or
8 other advertising used in commerce.
9 "Trademark." Any word, name, symbol or device, or any
10 combination thereof, adopted and used by a person to identify
11 goods produced, manufactured or sold by the person, and to
12 distinguish them from goods produced, manufactured or sold by
13 others.
14 "Trade name." A word, name, symbol, device or any
15 combination thereof used by a person to identify the business,
16 vocation or occupation of the person and distinguish it from the
17 business, vocation or occupation of others.
18 § 1103. Classification.
19 The following general classes of goods and services are
20 established for the purpose of administering this chapter. The
21 department may, by regulation, amend the classification
22 established by this section if such amendment does not limit or
23 extend the rights of any applicant or registrant. An application
24 for registration of a mark shall be limited to a single general
25 class of goods or services. Nothing in this chapter shall be
26 construed as limiting the registration of a mark to one general
27 class. The classes are as follows:
28 GOODS
29 (1) Chemical products used in industry, science,
30 photography, agriculture, horticulture, forestry; artificial
19810H0950B3758 - 24 -
1 and synthetic resins; plastics in the form of powders,
2 liquids or pastes, for industrial use; manures (natural and
3 artificial); fire extinguishing compositions; tempering
4 substances and chemical preparations for soldering; chemical
5 substances for preserving foodstuffs; tanning substances;
6 adhesive substances used in industry.
7 (2) Paints, varnishes, lacquers; preservatives against
8 rust and against deterioration of wood; coloring matters,
9 dyestuffs; mordants; natural resins; metals in foil and
10 powder form for painters and decorators.
11 (3) Bleaching preparations and other substances for
12 laundry use; cleaning, polishing, scouring and abrasive
13 preparations; soaps; perfumery, essential oils, cosmetics,
14 hair lotions; dentifrices.
15 (4) Industrial oils and greases (other than edible oils
16 and fats and essential oils); lubricants; dust laying and
17 absorbing compositions; fuels (including motor spirit) and
18 illuminants; candles, tapers, night-lights and wicks.
19 (5) Pharmaceutical, veterinary and sanitary substances;
20 infants' and invalids' foods; plasters, material for
21 bandaging; material for stopping teeth, dental wax;
22 disinfectants; preparations for killing weeds and destroying
23 vermin.
24 (6) Unwrought and partly wrought common metals and their
25 alloys; anchors, anvils, bells, rolled and cast building
26 materials; rails and other metallic materials for railway
27 tracks; chains (except driving chains for vehicles); cables
28 and wires (nonelectric); locksmiths' work; metallic pipes and
29 tubes; safes and cash boxes; steel balls; horseshoes; nails
30 and screws; other goods in nonprecious metal not included in
19810H0950B3758 - 25 -
1 other classes; ores.
2 (7) Machines and machine tools; motors (except for land
3 vehicles); machine couplings and belting (except for land
4 vehicles); large size agricultural implements; incubators.
5 (8) Hand tools and instruments; cutlery, forks and
6 spoons; side arms.
7 (9) Scientific, nautical, surveying and electrical
8 apparatus and instruments (including wireless), photographic,
9 cinematographic, optical, weighing, measuring, signalling,
10 checking (supervision), lifesaving and teaching apparatus and
11 instruments; coin or counter-fed apparatus; talking machines;
12 cash registers; calculating machines; fire extinguishing
13 apparatus.
14 (10) Surgical, medical, dental and veterinary
15 instruments and apparatus (including artificial limbs, eyes
16 and teeth).
17 (11) Installations for lighting, heating, steam
18 generating, cooking, refrigerating, drying, ventilating,
19 water supply and sanitary purposes.
20 (12) Vehicles; apparatus for locomotion by land, air or
21 water.
22 (13) Firearms; ammunition and projectiles; explosive
23 substances; fireworks.
24 (14) Precious metals and their alloys and goods in
25 precious metals or coated therewith (except cutlery, forks
26 and spoons); jewelry, precious stones, horological and other
27 chronometric instruments.
28 (15) Musical instruments (other than talking machines
29 and wireless apparatus).
30 (16) Paper and paper articles, cardboard and cardboard
19810H0950B3758 - 26 -
1 articles; printed matter, newspapers and periodicals, books;
2 bookbinding material; photographs; stationery, adhesive
3 materials (stationery); artists' materials; paint brushes;
4 typewriters and office requisites (other than furniture);
5 instructional and teaching material (other than apparatus);
6 playing cards; printers' type and cliches (stereotype).
7 (17) Gutta-percha, India rubber, balata and substitutes,
8 articles made from these substances and not included in other
9 classes; plastics in the form of sheets, blocks and rods,
10 being for use in manufacture; materials for packing, stopping
11 or insulating; asbestos, mica and their products; hose pipes
12 (nonmetallic).
13 (18) Leather and imitations of leather, and articles
14 made from these materials and not included in other classes;
15 skins, hides; trunks and travelling bags; umbrellas, parasols
16 and walking sticks; whips, harness and saddlery.
17 (19) Building materials, natural and artificial stone,
18 cement, lime, mortar, plaster and gravel; pipes of
19 earthenware or cement; road-making materials; asphalt, pitch
20 and bitumen; portable buildings; stone monuments; chimney
21 pots.
22 (20) Furniture, mirrors, picture frames; articles (not
23 included in other classes) of wood, cork, reeds, cane,
24 wicker, horn, bone, ivory, whalebone, shell, amber, mother-
25 of-pearl, meerschaum, celluloid, substitutes for all these
26 materials, or of plastics.
27 (21) Small domestic utensils and containers (not of
28 precious metal or coated therewith); combs and sponges;
29 brushes (other than paint brushes); brush-making materials;
30 instruments and material for cleaning purposes; steelwool;
19810H0950B3758 - 27 -
1 glassware, porcelain and earthenware, not included in other
2 classes.
3 (22) Ropes, string, nets, tents, awnings, tarpaulins,
4 sails, sacks; padding and stuffing materials (hair, capoc,
5 feathers, seaweed, etc.); raw fibrous textile materials.
6 (23) Yarns, threads.
7 (24) Tissues (piece goods); bed and table covers;
8 textile articles not included in other classes.
9 (25) Clothing, including boots, shoes and slippers.
10 (26) Lace and embroidery, ribbons and braid; buttons,
11 press buttons, hooks and eyes, pins and needles; artificial
12 flowers.
13 (27) Carpets, rugs, mats and matting; linoleums and
14 other materials for covering floors; wall hangings
15 (nontextile).
16 (28) Games and playthings; gymnastic and sporting
17 articles (except clothing); ornaments and decorations for
18 Christmas trees.
19 (29) Meat, fish, poultry and game; meat extracts;
20 preserved, dried and cooked fruits and vegetables; jellies,
21 jams; eggs, milk and other dairy products; edible oils and
22 fats; preserves, pickles.
23 (30) Coffee, tea, cocoa, sugar, rice, tapioca, sago,
24 coffee substitutes; flour and preparations made from cereals;
25 bread, biscuits, cakes, pastry and confectionery, ices,
26 honey, treacle; yeast, baking powder; salt, mustard; pepper,
27 vinegar, sauces, spices; ice.
28 (31) Agricultural, horticultural and forestry products
29 and grains not included in other classes; living animals;
30 fresh fruits and vegetables; seeds; live plants and flowers;
19810H0950B3758 - 28 -
1 foodstuffs for animals, malt.
2 (32) Beer, ale and porter; mineral and aerated waters
3 and other nonalcoholic drinks; syrups and other preparations
4 for making beverages.
5 (33) Wines, spirits and liqueurs.
6 (34) Tobacco, raw or manufactured; smokers' articles;
7 matches.
8 SERVICES
9 (35) Advertising and business.
10 (36) Insurance and financial.
11 (37) Construction and repair.
12 (38) Communication.
13 (39) Transportation and storage.
14 (40) Material treatment.
15 (41) Education and entertainment.
16 (42) Miscellaneous.
17 § 1111. Registrability.
18 A mark by which the goods or services of any applicant for
19 registration may be distinguished from the goods or services of
20 others shall not be registered which:
21 (1) Consists of or comprises immoral, deceptive, or
22 scandalous matter.
23 (2) Consists of or comprises matter which may disparage
24 or falsely suggest a connection with persons, living or dead,
25 institutions, beliefs, or national symbols, or bring them
26 into contempt, or disrepute.
27 (3) Consists of or comprises the flag or coat of arms or
28 other insignia of the United States, the Commonwealth of
29 Pennsylvania, or of any other state or municipality, or of
30 any foreign nation, or any simulation thereof.
19810H0950B3758 - 29 -
1 (4) Consists of or comprises the name, signature or
2 portrait of any living individual, except with his or her
3 written consent.
4 (5) Consists of a mark which:
5 (i) when applied to the goods or services of the
6 applicant is merely descriptive or deceptively
7 misdescriptive of them;
8 (ii) when applied to the goods or services of the
9 applicant is primarily geographically descriptive or
10 deceptively misdescriptive of them; or
11 (iii) is primarily merely a surname.
12 Nothing in this paragraph shall prevent the registration of a
13 mark used in this Commonwealth by the applicant which has
14 become distinctive of the goods or services of the applicant.
15 The department may accept as evidence that the mark has
16 become distinctive as applied to the goods or services of the
17 applicant, proof of continuous use thereof as a mark by the
18 applicant in this Commonwealth, or elsewhere, for the five
19 years next preceding the date of the filing of the
20 application for registration.
21 (6) Consists of or comprises a mark which so resembles a
22 mark registered in this Commonwealth or a mark or trade name
23 previously used in this Commonwealth by another and not
24 abandoned, as to be likely, when applied to the goods or
25 services of the applicant, to cause confusion or mistake or
26 to deceive, unless it shall be proved to the satisfaction of
27 the department that the person last applying for the registry
28 of such mark is entitled thereto and is the owner thereof by
29 right of prior adoption and use, in which case the date of
30 the adoption shall determine the ownership, and shall be
19810H0950B3758 - 30 -
1 proved by verified statements of persons conversant with such
2 dates. In case the department becomes satisfied after a
3 hearing held as provided by section 1116(5) (relating to
4 cancellation) that the person last applying for registry is
5 entitled by priority of adoption and use in this Commonwealth
6 to register such mark, it shall revoke the first registry
7 thereof and, upon application and the payment of the fee,
8 register the same in the name of such applicant.
9 § 1112. Application for registration.
10 (a) General rule.--Subject to the limitations set forth in
11 this chapter any person who has adopted and used a mark in this
12 Commonwealth may file in the department an application for
13 registration of that mark, setting forth the following
14 information:
15 (1) The name of the person applying for such
16 registration, the residence, location or place of business of
17 the applicant, and, if a corporation, the jurisdiction of
18 incorporation.
19 (2) The goods or services in connection with which the
20 mark is used, the mode or manner in which the mark is used in
21 connection with such goods or services and the class in which
22 such goods or services fall.
23 (3) The date when the mark was first used anywhere and
24 the date when it was first used in this Commonwealth by the
25 applicant or the predecessor in business of the applicant.
26 (4) A statement that the applicant is the owner of the
27 mark and that no other person has the right to use such mark
28 in this Commonwealth, either in the identical form thereof or
29 in any such near resemblance thereto as might be calculated
30 to deceive or to be mistaken therefor.
19810H0950B3758 - 31 -
1 (5) Such other information necessary to the
2 administration of this chapter as the department may specify
3 by regulation.
4 (b) Facsimile.--The application shall be accompanied by a
5 facsimile of such mark.
6 § 1113. Registration of mark.
7 Upon compliance by the applicant with the requirements of
8 this chapter, the department shall register the mark.
9 § 1114. Duration and renewal.
10 Registration of a mark under this chapter shall be effective
11 for a term of ten years from the date of registration, and upon
12 application for renewal filed within six months prior to the
13 expiration of such term the registration may be renewed for a
14 like term. A mark registration may be renewed for successive
15 periods of ten years in like manner. All applications for
16 renewals shall include a statement that the mark is still in use
17 in this Commonwealth.
18 § 1115. Assignment.
19 (a) General rule.--Any mark and its registration under this
20 chapter shall be assignable with the goodwill of the business in
21 which the mark is used or with that part of the goodwill of the
22 business connected with the use of and symbolized by the mark.
23 Assignment shall be by instrument in writing, duly executed, and
24 may be recorded with the department. A registrant may record an
25 assignment to itself to reflect of record a change in the name
26 of the registrant.
27 (b) Unrecorded assignments.--An assignment of any
28 registration under this chapter shall be void as against any
29 subsequent purchaser for valuable consideration and without
30 notice, unless it is recorded with the department not later than
19810H0950B3758 - 32 -
1 the earlier of:
2 (1) three months after the date of the assignment; or
3 (2) such subsequent purchase.
4 § 1116. Cancellation.
5 The department shall cancel from the register under this
6 chapter:
7 (1) All registrations under this chapter which are more
8 than ten years old and not renewed in accordance with this
9 chapter.
10 (2) Any registration concerning which the department
11 shall receive an application for cancellation thereof from
12 the registrant or the assignee of record.
13 (3) Any registration concerning which a court of
14 competent jurisdiction shall find:
15 (i) That the registered mark has been abandoned.
16 (ii) That the registrant is not the owner of the
17 mark.
18 (iii) That the registration was granted improperly.
19 (iv) That the registration was obtained
20 fraudulently.
21 (v) That the registered mark is so similar, as to be
22 likely to cause confusion or mistake or to deceive, to a
23 mark registered by another person in the United States
24 Patent and Trademark Office, prior to the date of the
25 filing of the application for registration by the
26 registrant under this chapter or former provisions of law
27 and not abandoned, except that if the registrant proves
28 that the registrant is the owner of a concurrent
29 registration of the mark in the United States Patent and
30 Trademark Office, covering an area including this
19810H0950B3758 - 33 -
1 Commonwealth, the registration under this chapter shall
2 not be cancelled.
3 (4) When a court of competent jurisdiction shall order
4 cancellation of a registration on any ground.
5 (5) Any registration in the following circumstances:
6 (i) Where an applicant, by verified statement or
7 other good and sufficient evidence, shall prove to the
8 satisfaction of the department that the applicant is
9 entitled by virtue of prior adoption and use to any mark
10 theretofore registered in the department.
11 (ii) In the case of a corporation having filed
12 articles of dissolution or a decree of dissolution, any
13 person may, at any time at least three years thereafter,
14 present a petition to the department setting forth such
15 fact.
16 (iii) In the case of a person not having filed
17 articles of dissolution or a decree of dissolution, but
18 having discontinued or gone out of the business to which
19 such registration is pertinent.
20 (iv) When a registered mark has been abandoned or
21 discontinued for a period of at least five years
22 subsequent to registration and such abandonment and
23 nonuser still persists.
24 In all circumstances enumerated in this paragraph, any person
25 may present a petition for cancellation to the department.
26 The petition shall set forth the pertinent facts relative
27 thereto, and shall contain proof of service of notice of the
28 petition on the person in whose name the registration is
29 recorded, and asking that such registration be cancelled. The
30 department shall fix a time to hear the parties concerned in
19810H0950B3758 - 34 -
1 the matter, and shall send, by certified mail, a notice of
2 hearing to the person in whose name such registration is
3 recorded. If, after hearing, the department is satisfied of
4 the truth of the facts alleged in the petition in accordance
5 with the provisions of this paragraph, it shall cancel the
6 registration.
7 § 1121. Damages for fraudulent registration.
8 Any person who shall, for himself or on behalf of any other
9 person, procure the filing or registration of any mark in the
10 department under this chapter by knowingly making any false or
11 fraudulent representation or declaration, verbally or in
12 writing, or by any other fraudulent means, shall be liable to
13 pay all damages sustained in consequence of such filing or
14 registration, to be recovered by or on behalf of the party
15 injured thereby in any court of competent jurisdiction.
16 § 1122. Disclaimer of unregistrable matter.
17 The department shall require unregistrable matter to be
18 disclaimed, but such disclaimer shall not prejudice or affect
19 the common law rights of the applicant then existing or
20 thereafter arising in such disclaimed matter.
21 § 1123. Infringement.
22 (a) General rule.--Subject to the provisions of section 1126
23 (relating to common law rights), any person who shall:
24 (1) use, without the consent of the registrant, any
25 reproduction, counterfeit, copy or colorable imitation of a
26 mark registered under this chapter in connection with the
27 sale, offering for sale, or advertising of any goods or
28 services in a manner likely to cause confusion or mistake or
29 to deceive as to the source of origin of such goods or
30 services; or
19810H0950B3758 - 35 -
1 (2) reproduce, counterfeit, copy or colorably imitate
2 any such mark and apply such reproduction, counterfeit, copy
3 or colorable imitation to labels, signs, prints, packages,
4 wrappers, receptacles or advertisements, intended to be used
5 in connection with the sale or other distribution in this
6 Commonwealth of such goods or services;
7 shall be liable to a civil action by the owner of such
8 registered mark for any or all of the remedies provided in
9 section 1125 (relating to remedies), except that under paragraph
10 (2) the registrant shall not be entitled to recover profits or
11 damages unless the acts have been committed with knowledge that
12 such mark is intended to be used to cause confusion or mistake
13 or to deceive.
14 (b) Exception.--The provisions of subsection (a) shall not
15 apply to any advertising agency, publisher of newspapers,
16 magazines or other advertising media accepting authorization for
17 the reproduction or copy of any such mark innocently and in good
18 faith in the usual course of business.
19 § 1124. Injury to business or reputation; dilution.
20 Likelihood of injury to business reputation or of dilution of
21 the distinctive quality of a mark registered under this chapter,
22 or a mark valid at common law, or a trade name valid at common
23 law, shall be a ground for injunctive relief notwithstanding the
24 absence of competition between the parties or the absence of
25 confusion as to the source of goods or services.
26 § 1125. Remedies.
27 (a) General rule.--Any owner of a mark registered under this
28 chapter may proceed by suit to enjoin the manufacture, use,
29 display or sale of any counterfeits or imitations thereof, and
30 any court of competent jurisdiction may grant injunctions to
19810H0950B3758 - 36 -
1 restrain such manufacture, use, display or sale as may be by the
2 court deemed just and reasonable, and may, except as provided in
3 section 1123 (relating to infringement), require the defendants
4 to pay to such owner all profits derived from and all damages
5 suffered by reason of such wrongful manufacture, use, display or
6 sale, and such court may also order that any such counterfeits
7 or imitations in the possession or under the control of any
8 defendant in such case be delivered to an officer of the court
9 or to the complainant to be destroyed.
10 (b) Exception.--No owner of such a mark shall have such
11 right of injunction against an advertising agency, publisher of
12 newspapers, magazines or other advertising media accepting
13 authorization for the reproduction or copy of any such mark
14 innocently and in good faith in the usual course of business.
15 (c) Criminal prosecutions unaffected.--The enumeration of
16 any right or remedy in this chapter shall not affect the right
17 of a registrant to prosecute under Title 18 (relating to crimes
18 and offenses).
19 § 1126. Common law rights.
20 Nothing in this chapter shall adversely affect the rights or
21 the enforcement of rights in marks acquired in good faith at any
22 time at common law.
23 CHAPTER 13
24 INSIGNIA
25 Sec.
26 1301. Definitions.
27 1302. Effect of registration under prior statutes.
28 1311. Registration of insignia.
29 1312. Amendment.
30 1313. Cancellation.
19810H0950B3758 - 37 -
1 1314. Decennial filings required.
2 1321. Specifying conditions under which union label may
3 be used.
4 1322. Rescission of right to use union label of allied
5 crafts.
6 1331. Injunction relief.
7 § 1301. Definitions.
8 The following words and phrases when used in this chapter
9 shall have, unless the context clearly indicates otherwise, the
10 meanings given to them in this section:
11 "Insignia." The name, badge, motto, button, decoration,
12 charm, emblem, rosette, label or other insignia of an
13 organization.
14 "Label." A label, symbol, mark or private stamp, including a
15 label adopted by labor unions for the purpose of designating the
16 product of their particular labor or workmanship.
17 "Organization." Any association, lodge, order, fraternal
18 society, beneficial association, or fraternal and beneficial
19 society or association, historical, military or veterans'
20 organization, labor union, foundation, federation, or any other
21 society, organization or association, or any degree, branch,
22 subordinate lodge or auxiliary thereof, whether incorporated or
23 unincorporated, the principles and activities of which are not
24 repugnant to the Constitution and laws of the United States or
25 of this Commonwealth.
26 § 1302. Effect of registration under prior statutes.
27 Insignia registered under the former provisions of the
28 following statutes shall be deemed to be registered under this
29 chapter:
30 Act of May 21, 1895 (P.L.95, No.68), relating to union
19810H0950B3758 - 38 -
1 labels.
2 Act of May 5, 1927 (P.L.778, No.406), relating to
3 insignia of certain organizations.
4 § 1311. Registration of insignia.
5 (a) General rule.--The insignia of an organization may be
6 registered under this chapter by the organization by filing in
7 the department an application for registration of insignia,
8 which shall set forth:
9 (1) The name of the organization and its address,
10 including street and number, if any.
11 (2) Such other information necessary to the
12 administration of this chapter as the department may specify
13 by regulation.
14 (b) Facsimile.--The application shall be accompanied by a
15 facsimile of the insignia.
16 (c) Restrictions.--The department shall not file any
17 application for registration under this chapter of any insignia
18 which is similar to, imitating or so nearly resembling as to be
19 calculated to deceive, the insignia theretofore registered under
20 this chapter of any other organization.
21 § 1312. Amendment.
22 (a) General rule.--The registration under this chapter of
23 the insignia of an organization may be amended by the
24 organization by filing in the department an application for
25 amendment of insignia registration, which shall set forth:
26 (1) The name of the organization and its address,
27 including street and number, if any.
28 (2) An identification of the last preceding filing in
29 the department with respect to the insignia.
30 (3) The amendment, which shall revise any information
19810H0950B3758 - 39 -
1 set forth in preceding filings which has become inaccurate
2 and shall restate in full all such information as so revised.
3 (4) Such other information necessary to the
4 administration of this chapter as the department may specify
5 by regulation.
6 (b) Restrictions.--The department shall not file any
7 application for amendment of insignia registration in
8 circumstances where an original registration of such insignia
9 could not be filed under this chapter.
10 § 1313. Cancellation.
11 The registration under this chapter of the insignia of an
12 organization may be cancelled by the organization by filing in
13 the department a statement of cancellation of insignia
14 registration, which shall set forth:
15 (1) The name of the organization and its address,
16 including street and number, if any.
17 (2) An identification of the last preceding filing in
18 the department with respect to the insignia.
19 (3) A statement that the registration of the insignia is
20 cancelled.
21 (4) Such other information necessary to the
22 administration of this chapter as the department may specify
23 by regulation.
24 § 1314. Decennial filings required.
25 (a) General rule.--Every registrant of any insignia
26 registered under this chapter shall decennially, during the year
27 1990 and each year thereafter divisible by ten, file in the
28 department a report, which shall set forth:
29 (1) The name of the organization and its address,
30 including street and number, if any.
19810H0950B3758 - 40 -
1 (2) An identification of the last preceding filing in
2 the department with respect to the insignia.
3 (3) A statement that the insignia shall continue to be
4 registered in the department.
5 (4) Such other information necessary to the
6 administration of this chapter as the department may specify
7 by regulation.
8 (b) Requirement satisfied by other filings.--Subsection (a)
9 shall not apply to a registrant which during the preceding ten
10 years has made any filing with the department under this
11 chapter.
12 (c) Effect of failure to make decennial filings.--On January
13 1 of the year following the year during which a report is
14 required to be filed under subsection (a) every insignia
15 theretofore registered under this chapter with respect to which
16 no such report has been filed during the immediately preceding
17 year shall cease to be registered under this chapter. Such
18 registration may thereafter be restored only by the filing under
19 this chapter of an original application for registration of the
20 insignia.
21 § 1321. Specifying conditions under which union label may
22 be used.
23 Every labor union which has registered a union label under
24 this chapter shall have, possess and enjoy full, complete and
25 unquestioned power and authority to name, make, dictate and
26 specify the conditions and limitations under which such label
27 may be used by any person employing the members of the union, or
28 manufacturing any article upon which any such label may be
29 affixed, or using in any manner in the business of such person
30 the labor symbolized by such label.
19810H0950B3758 - 41 -
1 § 1322. Rescission of right to use union label of allied
2 crafts.
3 Where two or more labor unions have adopted an allied crafts
4 union label, and granted the use of it to any person, and
5 conflict has arisen between such grantee and any one or more of
6 the organizations having an interest in the allied crafts union
7 label, any one or more of the labor unions interested in the
8 union label may rescind the right of the grantee to use the
9 union label, and the continued use of it, after notice in
10 writing that the right thereof has been rescinded by any of the
11 labor unions interested, shall render the grantee liable to the
12 penalties of this chapter.
13 § 1331. Injunctive relief.
14 Any organization having registered its insignia under this
15 chapter shall have the right to proceed before any court of
16 competent jurisdiction for an injunction to restrain the
17 unauthorized manufacture, use or sale of such insignia,
18 including the right to require the surrender of possession and
19 redelivery of any such insignia.
20 CHAPTER 15
21 REUSABLE MARKED ARTICLES AND RECEPTACLES
22 Sec.
23 1501. Definitions.
24 1502. Effect of registration under prior statutes.
25 1511. Registration of articles or supplies.
26 1512. Amendment.
27 1513. Assignment.
28 1514. Cancellation of registration.
29 1515. Decennial filings required.
30 1521. Paying or accepting of deposit not deemed a sale.
19810H0950B3758 - 42 -
1 1522. Using or removal of identity of receptacle.
2 1523. Laundering articles labeled with mark of owner.
3 1524. Unauthorized use as presumptive evidence.
4 1525. Return of supplies.
5 1531. Penalty.
6 § 1501. Definitions.
7 The following words and phrases when used in this chapter
8 shall have, unless the context clearly indicates otherwise, the
9 meanings given to them in this section:
10 "Articles or supplies." Any item which is designed and
11 intended for reuse in the normal course of trade by the person
12 filing under this chapter and includes towels, coats, aprons,
13 uniforms, toilet devices and accessories therefor supplied for
14 hire or compensation, and vessels, receptacles and utensils used
15 as packages or containers in the sale and distribution of any
16 natural or processed product, compound, mixture or substance, or
17 any combination thereof, and parts and accessories for such
18 vessels, receptacles and utensils.
19 "Mark." Any word, name, symbol, picture, design or device,
20 or any combination thereof, produced upon and used by a person
21 to indicate ownership of articles and supplies.
22 "Produced upon." Branded, stamped, stenciled, engraved,
23 etched, blown, embossed, impressed, embroidered, sewn or
24 otherwise permanently placed upon any articles or supplies.
25 "Used in this Commonwealth." A mark is "used in this
26 Commonwealth" when such name, mark or device is placed upon
27 articles or supplies which are loaned, rented, sold or otherwise
28 circulated within this Commonwealth.
29 § 1502. Effect of registration under prior statutes.
30 Marks registered under the former provisions of the following
19810H0950B3758 - 43 -
1 statutes shall be deemed to be registered under this chapter:
2 Act of April 20, 1853 (P.L.643, No.360), relating to
3 marks on beverage bottles.
4 Act of May 8, 1889 (P.L.132, No.146), relating to marks
5 on beverage bottles.
6 Act of June 15, 1911 (P.L.975, No.787), relating to marks
7 on containers.
8 Act of January 26, 1966 (1965 P.L.1598, No.564), relating
9 to marks on articles or supplies.
10 § 1511. Registration of articles or supplies.
11 (a) General rule.--A person who uses in this Commonwealth a
12 mark to indicate the ownership of articles or supplies may
13 register such mark under this chapter by filing in the
14 department an application for registration of mark used with
15 articles or supplies, which shall set forth:
16 (1) The name and address, including street and number,
17 if any, of the applicant and if a corporation, its
18 jurisdiction of incorporation.
19 (2) The nature of the business of the applicant.
20 (3) The type of articles or supplies in connection with
21 which the mark is used.
22 (4) Such other information necessary to the
23 administration of this chapter as the department may specify
24 by regulation.
25 (b) Facsimile.--The application shall be accompanied by a
26 facsimile of the mark.
27 (c) Registration evidence of ownership.--The registration of
28 a mark under this chapter shall be prima facie evidence that the
29 person in whose name the mark is registered is the owner of all
30 articles and supplies upon which such mark is produced.
19810H0950B3758 - 44 -
1 § 1512. Amendment.
2 The registration under this chapter of a mark may be amended
3 by the registrant by filing in the department of an application
4 for amendment of mark used with articles or supplies, which
5 shall set forth:
6 (1) The name and address, including street and number,
7 if any, of the registrant.
8 (2) An identification of the last preceding filing in
9 the department with respect to the mark.
10 (3) The amendment, which shall revise any information
11 set forth in the preceding filing which has become inaccurate
12 and shall restate in full all such information as so revised.
13 (4) Such other information necessary to the
14 administration of this chapter as the department may specify
15 by regulation.
16 § 1513. Assignment.
17 Any mark and its registration under this chapter shall be
18 assignable with the sale of the articles or supplies on which
19 the mark is produced and used. Assignments shall be by
20 instruments in writing, duly executed, and may be recorded with
21 the department.
22 § 1514. Cancellation of registration.
23 The department shall cancel from the register under this
24 chapter:
25 (1) Any registration concerning which the department
26 shall receive an application for cancellation thereof from
27 the registrant or from the assignee of record.
28 (2) Any registration in respect of which a court of
29 competent jurisdiction shall order cancellation.
30 § 1515. Decennial filings required.
19810H0950B3758 - 45 -
1 (a) General rule.--Every registrant of a mark registered
2 under this chapter shall decennially, during the year 1990 and
3 each year thereafter divisible by ten, file in the department a
4 report, which shall set forth:
5 (1) The name and address, including street and number,
6 if any, of the registrant.
7 (2) An identification of the last preceding filing in
8 the department with respect to the mark.
9 (3) A statement that the mark continues to be used in
10 connection with the articles or supplies specified in the
11 registration.
12 (4) Such other information necessary to the
13 administration of this chapter as the department may specify
14 by regulation.
15 (b) Requirement satisfied by other filings.--Subsection (a)
16 shall not apply to a registrant which during the preceding ten
17 years has made any filing with the department under this
18 chapter.
19 (c) Effect of failure to make decennial filings.--On January
20 1 of the year following the year during which a report is
21 required to be filed under subsection (a) every mark theretofore
22 registered under this chapter with respect to which no such
23 report has been filed during the immediately preceding year
24 shall cease to be registered under this chapter. Such
25 registration may thereafter be restored only by the filing under
26 this chapter of an original application for registration of the
27 mark.
28 § 1521. Paying or accepting of deposit not deemed a sale.
29 The requiring, taking, paying or accepting of any deposit for
30 any purpose upon any articles or supplies shall not be deemed to
19810H0950B3758 - 46 -
1 constitute a sale of such property, either optional or
2 otherwise, for purposes of this chapter.
3 § 1522. Using or removal of identity of receptacle.
4 No person shall use, give, buy, take, destroy, sell or
5 otherwise dispose of, or traffic in, articles or supplies, fill
6 or refill any vessel, receptacle or utensil upon which a mark,
7 registered under this chapter is produced, or refuse to return
8 such articles or supplies on demand of the owner, or to deface,
9 erase, obliterate, cover up or otherwise remove or conceal any
10 such name, mark or device, unless consent of the owner is
11 obtained or unless the articles or supplies shall have been
12 purchased from the owner.
13 § 1523. Laundering articles labeled with mark of owner.
14 No person shall, without the written consent of the owner
15 thereof, launder, wash, clean, renovate or cause to be
16 laundered, washed, cleaned or renovated, any towels, coats,
17 aprons, uniforms, toilet devices or other supplies used for the
18 purpose of cleanliness and sanitation, upon which a mark
19 registered under this chapter is produced, and the possession of
20 which is claimed by lease or rental from the owner thereof.
21 § 1524. Unauthorized use as presumptive evidence.
22 The use or possession by any person, other than the
23 registrant, of any articles or supplies without the written
24 consent provided in this chapter, or the possession of articles
25 or supplies so marked by any junk dealer or dealer of second-
26 hand articles shall create a presumption of unlawful use of or
27 traffic in such articles or supplies, which presumption may be
28 overcome by evidence to the contrary.
29 § 1525. Return of supplies.
30 It shall be the duty of every person who finds or receives in
19810H0950B3758 - 47 -
1 the regular course of business or in any other manner, any
2 articles or supplies, to make a diligent effort to determine the
3 owner thereof and advise the owner by letter of the location
4 where such articles or supplies may be found and offer to return
5 them to the owner.
6 § 1531. Penalty.
7 A person who violates any of the provisions of this chapter
8 commits a summary offense.
9 CHAPTER 17
10 NEWSPAPERS
11 Sec.
12 1701. Identification of owner and editor.
13 1702. Changes in information to be published.
14 1703. Penalty.
15 § 1701. Identification of owner and editor.
16 Every newspaper published in this Commonwealth, whether
17 published monthly, weekly, biweekly, semiweekly or daily, or
18 whether such publication is at regular or irregular intervals,
19 shall publish on the editorial page, in a conspicuous position,
20 at the top of the reading matter the name of the owner or
21 proprietor of such newspaper, together with the name of the
22 managing editor thereof. If a newspaper is owned or published by
23 a corporation, then the name of the corporation shall be
24 published, together with the name of the president and managing
25 editor thereof, and if a newspaper is owned or published by a
26 partnership or limited partnership, then the names of the
27 partners and the managing editor shall be published in like
28 manner.
29 § 1702. Changes in information to be published.
30 In the event any change is made in the proprietorship,
19810H0950B3758 - 48 -
1 ownership or managing editor of any newspaper, or in the office
2 of president of any corporation owning and publishing a
3 newspaper or in the names of the members of the copartnership
4 owning or publishing a newspaper, the change shall be duly set
5 forth in the next issue of the newspaper following such change.
6 § 1703. Penalty.
7 A person who violates any of the provisions of this chapter
8 commits a summary offense.
9 Section 3. Subsection (b) of section 131 of Title 15 is
10 amended to read:
11 § 131. Functions of Department of State.
12 * * *
13 (b) [Corporate names] Names and marks.--The department shall
14 supervise and administer the provisions of this title and [other
15 applicable statutory provisions] Title 54 (relating to names)
16 relating to the use of [corporate] names and marks.
17 * * *
18 Section 4. Chapter 67 of Title 18 is amended by adding
19 sections to read:
20 § 6709. Use of union labels.
21 A person commits a misdemeanor of the third degree if,
22 without the authority of the labor union or unions interested,
23 such person:
24 (1) uses any union label registered under Chapter 13 of
25 Title 54 (relating to insignia);
26 (2) uses any such union label on goods which are not the
27 product of the members of the union or unions owning such
28 label; or
29 (3) sells or offers for sale any goods knowing that such
30 goods bear a union label whose use on such goods is not
19810H0950B3758 - 49 -
1 authorized by the union or unions owning such label.
2 § 6710. Unauthorized use of registered insignia.
3 A person commits a summary offense if, without authority,
4 such person knowingly wears, exhibits, displays or uses, for any
5 purpose, any insignia registered under Chapter 13 of Title 54
6 (relating to insignia).
7 Section 5. (a) Whenever a decennial filing is required by
8 Title 54 of the Pennsylvania Consolidated Statutes (relating to
9 names) to be made in the Department of State the department
10 shall not earlier than the November 1 prior to the commencement
11 of the decennial year wherever practicable give notice by mail
12 to the registrant or other party of the decennial filing
13 requirement, which notice shall be accompanied by appropriate
14 application blanks or forms.
15 (b) Whenever any provision of Title 54 of the Pennsylvania
16 Consolidated Statutes requires that any person set forth an
17 address in any document, such provision shall be construed to
18 require the submission of an actual street address or rural
19 route box number, and the Department of State shall refuse to
20 receive or file any document which sets forth a post office box
21 address.
22 (c) Whenever the Department of State has taken any action
23 under Title 54 of the Pennsylvania Consolidated Statutes the
24 Secretary of the Commonwealth may, upon payment of the cost
25 thereof and the fee or additional fee therefor fixed by
26 regulation of the Department of State, issue to any person
27 entitled thereto an engrossed certificate evidencing such action
28 executed by the Secretary of the Commonwealth under the seal of
29 the Commonwealth.
30 Section 6. (a) Any person desiring to change his or her
19810H0950B3758 - 50 -
1 name shall file a petition in the court of common pleas of the
2 county in which he or she shall reside, setting forth such
3 desire and intention and the reason therefor, together with the
4 residence of petitioner, and his or her residence or residences
5 for and during five years prior thereto. Where the petitioner is
6 a married person, the other spouse may join as a party
7 petitioner, in which event, upon compliance with the provisions
8 of this section, said spouse shall also be entitled to the
9 benefits hereof. The court shall, thereupon, enter an order
10 directing that notice be given of the filing of said petition
11 and of the day set for the hearing thereon, which hearing shall
12 be not less than one month or more than three months after the
13 filing of said petition, and said notice shall be:
14 (1) Published in two newspapers of general circulation
15 in said county or county contiguous thereto, one of which
16 publications may be in the official paper for the publication
17 of legal notices in said county.
18 (2) Given to any nonpetitioning parent of a child whose
19 name may be affected by the proceedings.
20 (b) At the hearing of said petition, any person having
21 lawful objection to the change of name may appear and be heard.
22 If the court be satisfied after said hearing that there is no
23 lawful objection to the granting of the prayer of said petition,
24 a decree may be entered by said court changing the name as
25 prayed for, if at said hearing the petitioner or petitioners
26 shall present to the court proof of publication of said notice
27 as required by the order, together with official searches of the
28 proper offices of the county wherein petitioner or petitioners
29 reside and of any other county wherein petitioner or petitioners
30 may have resided within five years of the filing of his or her
19810H0950B3758 - 51 -
1 petition for change of name, or a certificate in lieu thereof
2 given by a corporation authorized by law to make such searches,
3 showing that there are no judgments or decrees of record or any
4 other matter of like character against said petitioner or
5 petitioners.
6 (c) The provisions of this section are hereby declared to be
7 procedural.
8 Section 7. An application for renewal under 54 Pa.C.S. §
9 1114 (relating to duration and renewal) of a trademark or
10 service mark which was not originally granted under this act
11 shall set forth the appropriate classification under the
12 provisions of 54 Pa.C.S. § 1103 (relating to classification),
13 rather than the classification specified pursuant to the prior
14 law. A trademark or service mark registered under any act
15 repealed by this act shall be deemed registered under 54 Pa.C.S.
16 Ch. 11 (relating to trademarks) until cancelled as provided in
17 54 Pa.C.S. § 1116 (relating to cancellation).
18 Section 8. The following acts and parts of acts are hereby
19 repealed absolutely:
20 Sections 1 and 2, act of April 20, 1853 (P.L.643, No.360),
21 entitled "A supplement to the sixth section of an act entitled
22 'An Act authorizing the Commissioners of the incorporated
23 districts of the Northern Liberties and Kensington to open a
24 street, to be called Delaware avenue; relative to the duties of
25 Assessors, Venders of Mineral Waters,' passed the 24th day of
26 January, 1849; and the supplement to an act entitled 'An Act
27 relative to the Venders of Mineral Waters; and an act relative
28 to the Washington Coal company; to Sheriffs' sales of real
29 estate; to the substitution of Executors and Trustees when
30 plaintiff's; to partition of Common Pleas; and for other
19810H0950B3758 - 52 -
1 purposes,' passed the 9th day of April, 1849; relative to the
2 Pennsylvania Building and Loan Association; and to the Venango
3 Railroad company."
4 Act of April 4, 1865 (P.L.58, No.42), entitled "An act in
5 relation to the sale, use and disposition of butts, hogsheads,
6 barrels, casks or kegs, used by the manufacturers of malt
7 liquors."
8 Act of May 5, 1876 (P.L.109, No.79), entitled "An act to
9 correct errors in transcribing of the act of assembly, entitled
10 'An Act to punish the sale and traffic in mineral water bottles
11 and other bottles, and for the protection of bottlers and
12 venders of mineral water and other beverages in this
13 commonwealth,' approved the ninth day of April, eighteen hundred
14 and seventy, and declaratory of what shall be evidence of
15 registration and publication in regard to said bottles."
16 Act of May 8, 1889 (P.L.132, No.146), entitled "An act
17 providing that after publication of description of names or
18 marks impressed upon bottles, intended for the sale of beverages
19 or other article of merchandise, the same may be registered in
20 the office of the Secretary of the Commonwealth and declaring
21 what shall be conclusive evidence of such publication and
22 registration."
23 Act of May 21, 1895 (P.L.95, No.68), entitled "An act to
24 provide for the adoption of trade mark, labels, symbols or
25 private stamps by any incorporated or unincorporated association
26 or union of workingmen, and to regulate the same."
27 Act of June 15, 1911 (P.L.975, No.787), entitled "An act
28 providing for the registration of bottles, boxes, siphons,
29 siphon-heads, tins, kegs, cans, soda-fountains, cylinders of
30 carbonic acid gas, or other containers; and forbidding the
19810H0950B3758 - 53 -
1 refilling of, or dealing or trafficking in, such registered
2 bottles, boxes, siphons, siphon-heads, tins, cans, kegs, soda-
3 fountains, cylinders of carbonic acid gas, or other containers,
4 by persons other than the owners thereof, without the written
5 consent of the owner, and imposing a penalty therefor; providing
6 for the issuing of process in the nature of search warrant;
7 providing what shall be prima facie proof thereof; and providing
8 that the delivery of said bottles, boxes, siphons, siphon-heads,
9 tins, cans, kegs, soda-fountains, cylinders of carbonic acid
10 gas, or other containers, shall not constitute a sale thereof."
11 Act of July 9, 1919 (P.L.822, No.340), entitled "An act
12 prohibiting the changing of names by individuals except by court
13 proceedings, and providing penalties."
14 Act of April 18, 1923 (P.L.75, No.51), entitled "An act
15 authorizing the courts of common pleas to change the name of
16 persons; prescribing the procedure, and the effect of the decree
17 thereon."
18 Act of May 5, 1927 (P.L.778, No.406), entitled "An act to
19 provide for the registration and protection of the names,
20 badges, mottoes, buttons, decorations, charms, emblems,
21 rosettes, and other insignia of associations, lodges, orders,
22 fraternal societies, beneficial societies, or fraternal and
23 beneficial societies or associations, historical, military, or
24 veterans' organizations, labor union, foundation, federation, or
25 any other society, organization, or association, degree, branch,
26 subordinate lodge, or auxiliary thereof; to prohibit the
27 wearing, exhibition, display, or use of the same, by any person
28 not entitled to wear, exhibit, display, or use the same; and
29 fixing a penalty for the violation of this act."
30 Act of June 12, 1939 (P.L.336, No.193), entitled "An act
19810H0950B3758 - 54 -
1 requiring newspapers published in this Commonwealth to print on
2 the editorial page, the names of the owners, proprietors, or
3 publishers, and the managing editors of the same; and providing
4 a penalty."
5 Act of May 24, 1945 (P.L.967, No.380), entitled "An act
6 making it unlawful for any individual or individuals to carry on
7 any business under an assumed or fictitious name, style or
8 designation, unless upon advertisement and the filing of an
9 application to that effect in the office of the Secretary of the
10 Commonwealth and of the prothonotary; requiring nonresident
11 applicants to have a resident agent; prescribing the effect of
12 failure to file such application; providing that certificates of
13 the Secretary of the Commonwealth shall be admitted in evidence;
14 requiring county commissioners, at the expense of the county, to
15 provide books or other means of reproduction for the entry of
16 such applications; requiring the cancellation of such
17 application or the withdrawal from the business; providing
18 methods therefor; fixing the fees of the Secretary of the
19 Commonwealth and prothonotary; and providing penalties."
20 Act of September 26, 1951 (P.L.1518, No.381), entitled, as
21 amended, "An act to provide for the registration and protection
22 of trade-marks and service-marks and to secure the rights,
23 property and interests therein; providing for the assignment,
24 cancellation and revocation thereof; and imposing penalties for
25 violations; conferring powers and imposing duties upon the
26 Secretary of the Commonwealth in the administration thereof; and
27 to repeal all acts inconsistent therewith."
28 Act of July 11, 1957 (P.L.783, No.374), known as the
29 "Fictitious Corporate Name Act."
30 Act of January 26, 1966 (1965 P.L.1598, No.564), entitled "An
19810H0950B3758 - 55 -
1 act relating to the business of supplying towels, coats, aprons,
2 uniforms, toilet devices or other kindred articles or supplies
3 for hire or compensation; providing for the filing of names,
4 trademarks or devices impressed thereon and the effect of such
5 filing; regulating the possession, use and disposal of articles
6 or supplies so marked; and providing penalties; and conferring
7 powers and imposing duties on the Secretary of the Commonwealth
8 in the administration thereof."
9 Section 9. This act shall take effect in 90 days.
19810H0950B3758 - 56 -
1 SOURCE NOTES
2 (Prepared by Pennsylvania Bar Association)
3 CHAPTER 1
4 54 Pa.C.S. § 101: Derived from 54 Pa.C.S. § 101.
5 54 Pa.C.S. § 102: Derived from act of May 5, 1876 (P.L.109,
6 No.79), § 2, act of May 8, 1889 (P.L.132, No.146), § 2 (73 P.S.
7 § 82); act of May 5, 1927 (P.L.778, No.406), § 3 (54 P.S. § 43);
8 act of May 24, 1945 (P.L.967, No.380), §§ 6 and 10 (54 P.S. §§
9 28.6 and 28.10); act of September 26, 1951 (P.L.1518, No.381),
10 §§ 3 and 8 (73 P.S. §§ 14 and 19); act of July 11, 1957
11 (P.L.783, No.374), §§ 6, 7, 8 and 15 (15 P.S. § 56, 57, 58 and
12 65); and act of January 26, 1966 (1965 P.L.1598, No.564), §§ 3
13 and 5 (73 P.S. §§ 120-3 and 120-5).
14 CHAPTER 3
15 54 Pa.C.S. § 301: Derived from act of July 11, 1957
16 (P.L.783, No.374), § 1 (15 P.S. § 51).
17 54 Pa.C.S. § 302: Derived from act of July 11, 1957
18 (P.L.783, No.374), § 2 (15 P.S. § 52). The application of the
19 chapter to business trusts, etc. is clarified.
20 54 Pa.C.S. § 303: Derived from act of May 24, 1945 (P.L.967,
21 No.380), § 1 (54 P.S. § 28.1); and act of July 11, 1957
22 (P.L.783, No.374), § 5 (15 P.S. § 55). The option to register a
23 fictitious name which is not required to be registered, the duty
24 to maintain the accuracy of a required filing, and the
25 applicability of the filing requirements to limited partnerships
26 and unincorporated associations are clarified.
27 54 Pa.C.S. § 304: New.
28 54 Pa.C.S. § 311: Derived from act of May 24, 1945 (P.L.967,
29 No.380), §§ 1 and 3 (54 P.S. §§ 28.1 and 28.3); and act of July
30 11, 1957 (P.L.783, No.374), §§ 3 to 5 (15 P.S. §§ 53 to 55).
31 Subsections (b) and (c) are new. Subsection (d) clarifies the
32 procedures where partnerships, trusts and similar entities are
33 parties to a registration. Subsection (e) is new. Subsection (f)
34 is derived from act of May 7, 1937 (P.L.585, No.150) (24 P.S. §§
35 2421 - 2425); and act of May 24, 1945 (P.L.967, No.380), § 1(b)
36 (54 P.S. § 28.1(b)). Subsection (g) permits the publication to
37 be effected after the filing as is now the case with other
38 business filings.
39 54 Pa.C.S. § 312: Derived from act of May 24, 1945 (P.L.967,
40 No.380), §§ 3.1 and 6.1 (54 P.S. §§ 28.3A and 28.6a); and act of
41 July 11, 1957 (P.L.783, No.374), §§ 11 and 12 (15 P.S. §§ 61 and
42 62).
43 54 Pa.C.S. § 313: Derived from act of May 24, 1945 (P.L.967,
44 No.380), §§ 7 and 8 (54 P.S. §§ 28.7 and 28.8); and act of July
45 11, 1957 (P.L.783, No.374), § 16 (15 P.S. § 66).
46 54 Pa.C.S. § 321: Patterned after 54 Pa.C.S. §§ 503 and 504.
47 Derived from act of May 24, 1945 (P.L.967, No.380), § 9 (54 P.S.
19810H0950B3758 - 57 -
1 § 28.9); and act of July 11, 1957 (P.L.783, No.374), § 17 (15
2 P.S. § 67).
3 54 Pa.C.S. § 331: Derived from act of May 24, 1945 (P.L.967,
4 No.380), § 4 (54 P.S. § 28.4); and act of July 11, 1957
5 (P.L.783, No.374), § 13 (15 P.S. § 63). Subsection (a) patterned
6 after 15 Pa.C.S. § 8141(a). Subsection (c) is new and is
7 patterned after 59 Pa.C.S. § 512(b).
8 54 Pa.C.S. § 332: Substantially a reenactment of act of July
9 11, 1957 (P.L.783, No.374), §§ 23 and 24 (15 P.S. §§ 73 and 74).
10 CHAPTER 5
11 54 Pa.C.S. § 501. Derived from 54 Pa.C.S. § 501.
12 54 Pa.C.S. § 502: Derived from 54 Pa.C.S. § 502. Paragraph
13 (b)(4) is new.
14 54 Pa.C.S. § 503: Derived from 54 Pa.C.S. § 503. Paragraph
15 (a)(4) and subsection (b) are new.
16 54 Pa.C.S. § 504: Reenactment of 54 Pa.C.S. § 504.
17 54 Pa.C.S. § 505: Derived from 54 Pa.C.S. § 505. Paragraph
18 (5) is new.
19 54 Pa.C.S. § 506: Reenactment of 54 Pa.C.S. § 506.
20 CHAPTER 7
21 54 Pa.C.S. § 701: Subsection (a) is a reenactment of act of
22 July 9, 1919 (P.L.822, No.340), § 1 (54 P.S. § 5). Subsection
23 (b) is intended as a codification of existing law.
24 54 Pa.C.S. § 702: Substantially a reenactment of act of April
25 18, 1923 (P.L.75, No.51), § 1 (54 P.S. § 1).
26 54 Pa.C.S. § 703: Derived from act of April 18, 1923 (P.L.75,
27 No.51), § 4 (54 P.S. § 4). The court is given the option to
28 refuse to change the name of a child if a noncustody parent
29 objects.
30 54 Pa.C.S. § 704: Reenactment of 54 Pa.C.S. § 704.
31 54 Pa.C.S. § 705: Derived from act of July 9, 1919 (P.L.822,
32 No.340), § 2 (54 P.S. § 6).
33 CHAPTER 11
34 54 Pa.C.S. § 1101: New.
35 54 Pa.C.S. § 1102: Derived from act of September 26, 1951
36 (P.L.1518, No.381), § 1 (73 P.S. § 12). The term "person" is
37 defined in 1 Pa.C.S. § 1991 (relating to definitions). The term
38 "trade name" is new. The text relating to use of a service mark
39 is derived from Model State Trademark Bill, § 1(H).
19810H0950B3758 - 58 -
1 54 Pa.C.S. § 1103: Derived from act of September 26, 1951
2 (P.L.1518, No.381), § 10 (73 P.S. § 21). The international
3 classification, which has become the Federal classification, has
4 been substituted for the prior classification.
5 54 Pa.C.S. § 1111: Derived from act of September 26, 1951
6 (P.L.1518, No.381), § 2 (73 P.S. § 13). The text is patterned
7 after Model State Trademark Bill, § 2. A requirement for a
8 verified statement has been substituted for the requirement for
9 an affidavit.
10 54 Pa.C.S. § 1112: Derived from act of September 26, 1951
11 (P.L.1518, No.381), § 4 (73 P.S. § 15). The requirement that the
12 department furnish forms has been eliminated. The requirement
13 for an affidavit has been eliminated in light of 18 Pa.C.S. §
14 4904 (relating to unsworn falsification to authorities). The
15 reference to the method of execution has been eliminated, since
16 that subject will be governed by the format of the official
17 forms published pursuant to 15 Pa.C.S. § 132(d) (relating to
18 powers of Department of State). The number of specimens
19 submitted has been reduced to one.
20 54 Pa.C.S. § 1113: Derived from act of September 26, 1951
21 (P.L.1518, No.381), § 5 (73 P.S. § 16). The mandatory issuance
22 of a certificate has been omitted. See 42 Pa.C.S. §§ 6103,6104
23 as to evidence of registration.
24 54 Pa.C.S. § 1114: Derived from act of September 26, 1951
25 (P.L.1518, No.381), § 6 (73 P.S. § 17). The requirement that the
26 department furnish forms has been eliminated and the last
27 sentence has been added.
28 54 Pa.C.S. § 1115: Derived from act of September 26, 1951
29 (P.L.1518, No.381), § 7 (73 P.S. § 18). The mandatory issuance
30 of a certificate has been omitted. The assignment has been
31 expanded to cover a change of name of the registrant.
32 54 Pa.C.S. § 1116: Derived from act of September 26, 1951
33 (P.L.1518, No.381), § 9 (73 P.S. § 20).
34 54 Pa.C.S. § 1121: Derived from act of September 26, 1951
35 (P.L.1518, No.381), § 11 (73 P.S. § 22).
36 54 Pa.C.S. § 1122: Derived from act of September 26, 1951
37 (P.L.1518, No.381), § 11 (73 P.S. § 22).
38 54 Pa.C.S. § 1123: Derived from act of September 26, 1951
39 (P.L.1518, No.381), § 12 (73 P.S. § 23). The statutory penalty
40 has been eliminated and the text has been patterned after Model
41 State Trademark Bill, § 11.
42 54 Pa.C.S. § 1124: New. Patterned after Model State Trademark
43 Bill, § 12.
44 54 Pa.C.S. § 1125: Reenactment of act of September 26, 1951
45 (P.L.1518, No.381), § 13 (73 P.S. § 24).
46 54 Pa.C.S. § 1126: Reenactment of act of September 26, 1951
47 (P.L.1518, No.381), § 14 (73 P.S. § 25).
19810H0950B3758 - 59 -
1 54 Pa.C.S. § 1301: New.
2 54 Pa.C.S. § 1302: New.
3 54 Pa.C.S. § 1311: Derived from act of May 21, 1895 (P.L.95,
4 No.68), §§ 1 and 2 (73 P.S. §§ 101 and 104); and act of May 5,
5 1927 (P.L.778, No.406), §§ 1, 2 and 4 (54 P.S. §§ 41, 42 and
6 44).
7 54 Pa.C.S. § 1312: Derived from act of May 5, 1927 (P.L.778,
8 No.406), §§ 1 and 2 (54 P.S. §§ 41 and 42).
9 54 Pa.C.S. § 1313: Derived from act of May 5, 1927 (P.L.778,
10 No.406), §§ 1 and 2 (54 P.S. §§ 41 and 42).
11 54 Pa.C.S. § 1314: New.
12 54 Pa.C.S. § 1321: Substantially a reenactment of act of May
13 21, 1895 (P.L.95, No.68), § 1 (73 P.S. § 102).
14 54 Pa.C.S. § 1322: Substantially a reenactment of act of May
15 21, 1895 (P.L.95, No.68), § 1 (73 P.S. § 103).
16 54 Pa.C.S. § 1331: Derived from act of May 21, 1895 (P.L.95,
17 No.68), § 4 (73 P.S. §§ 106 and 107); and act of April 16, 1929
18 (P.L.521, No.224), § 1 (54 P.S. § 48).
19 CHAPTER 15
20 54 Pa.C.S. § 1501: Substantially a reenactment of act of
21 January 26, 1966 (1965 P.L.1598, No.564), § 1 (73 P.S. § 120-1).
22 The term person is defined in 1 Pa.C.S. § 1991 (relating to
23 definitions).
24 54 Pa.C.S. § 1502: Derived from act of June 15, 1911
25 (P.L.975, No.787) § 1, subdivision 7 (73 P.S. § 36); and act of
26 January 26, 1966 (1965 P.L.1598, No.564), § 14 (73 P.S. § 120-
27 14).
28 54 Pa.C.S. § 1511: Derived from act of April 4, 1865 (P.L.58,
29 No.42), § 1 (73 P.S. § 61); act of May 8, 1889 (P.L.132,
30 No.146), § 1 (73 P.S. § 81); act of June 15, 1911 (P.L.975,
31 No.787), § 1, subdivision 1 (73 P.S. § 31); and act of January
32 26, 1966 (1965 P.L.1598, No.564), §§ 2 and 3 (73 P.S. §§ 120-2
33 and 120-3).
34 54 Pa.C.S. § 1512: New.
35 54 Pa.C.S. § 1513: Derived from act of January 26, 1966 (1965
36 P.L.1598, No.564), § 4 (73 P.S. § 120-4).
37 54 Pa.C.S. § 1514: Derived from act of January 26, 1966 (1965
38 P.L.1598, No.564), § 6 (73 P.S. § 120-6).
39 54 Pa.C.S. § 1515: New.
40 54 Pa.C.S. § 1521: Reenactment of act of June 15, 1911
41 (P.L.975, No.787), § 1, subdivision 6 (73 P.S. § 35), act of
42 January 26, 1966 (1965 P.L.1598, No.564), § 7 (73 P.S. § 120-7).
19810H0950B3758 - 60 -
1 54 Pa.C.S. § 1522: Substantially a reenactment of act of June
2 15, 1911 (P.L.975, No.787), § 1, subdivision 2 (73 P.S. § 32);
3 and act of January 26, 1966 (1965 P.L.1598, No.564), § 8 (73
4 P.S. § 120-8).
5 54 Pa.C.S. § 1523: Substantially a reenactment of act of
6 January 26, 1966 (1965 P.L.1598, No.564), § 9 (73 P.S. § 120-9).
7 54 Pa.C.S. § 1524: Derived from act of June 15, 1911
8 (P.L.975, No.787), § 1, subdivision 5 (73 P.S. § 34); and act of
9 January 26, 1966 (1965 P.L.1598, No.564), § 10 (73 P.S. § 120-
10 10).
11 54 Pa.C.S. § 1525: Reenactment of act of January 26, 1966
12 (1965 P.L.1598, No.564), § 11 (73 P.S. § 121-11).
13 54 Pa.C.S. § 1531: Derived from act of April 4, 1865 (P.L.58,
14 No.42), § 2 (73 P.S. § 62); act of June 15, 1911 (P.L.975,
15 No.787), § 1, subdivision 4 (73 P.S. § 33); and act of January
16 26, 1966 (1965 P.L.1598, No.564), § 15 (73 P.S. § 120-15).
17 CHAPTER 17
18 54 Pa.C.S. § 1701: Substantially a reenactment of act of June
19 12, 1939 (P.L.336, No.193), § 1 (54 P.S. § 64).
20 54 Pa.C.S. § 1702: Substantially a reenactment of act of June
21 12, 1939 (P.L.336, No.193), § 2 (54 P.S. § 65).
22 54 Pa.C.S. § 1703: Derived from act of June 12, 1939
23 (P.L.336, No.193), § 3 (54 P.S. § 66).
24 TITLE 18
25 18 Pa.C.S. § 6709: Derived from act of May 21, 1895 (P.L.95,
26 No.68), § 3 (73 P.S. § 105).
27 18 Pa.C.S. § 6710: Derived from act of May 5, 1927 (P.L.778,
28 No.406), § 6 (54 P.S. § 46).
29 AMENDATORY BILL
30 Section 5: New.
31 Section 6: Derived from act of April 18, 1923 (P.L.75,
32 No.51), §§ 2 and 3 (54 P.S. §§ 2 and 3). The requirement for
33 notice to the nonpetitioning parent is new.
34 Section 7: New.
35 Section 8: The provisions repealed by this section are
36 supplied by this act as follows:
37 Repealed Unofficial Superseding
38 Act Section Citation Provision
39 ________________________________________________________________
40 1853 No.360 1 54 Pa.C.S. § 1511
41 2 54 Pa.C.S. § 1522
42 1865 No.42 1 73 P.S. § 61 54 Pa.C.S. § 1511
43 2 73 P.S. § 62 54 Pa.C.S. § 1531
19810H0950B3758 - 61 -
1 3 73 P.S. § 63 Pa.R.Crim.P. 2000
2 et seq.
3 1876 No.79 73 P.S. § 81 note 54 Pa.C.S. § 102
4 1889 No.146 1 73 P.S. § 81 54 Pa.C.S. § 1511
5 2 73 P.S. § 82 54 Pa.C.S. § 102
6 1895 No.68 1 73 P.S. § 101-103 54 Pa.C.S. §§
7 1311, 1321, 1322
8 2 73 P.S. § 104 54 Pa.C.S. §§
9 1311, 1331, 42
10 Pa.C.S. §§ 6103,
11 6104
12 3 73 P.S. § 105 18 Pa.C.S. § 6709
13 4 73 P.S. § 106 54 Pa.C.S. § 1331
14 73 P.S. § 107 54 Pa.C.S. § 1331
15 73 P.S. § 108 Omitted-Obsolete
16 1911 No.787 1
17 sub.1 73 P.S. § 31 54 Pa.C.S. §§
18 1511, 1512
19 sub.2 73 P.S. § 32 54 Pa.C.S. § 1522
20 sub.4 73 P.S. § 33 54 Pa.C.S. § 1531
21 sub.5 73 P.S. § 34 54 Pa.C.S. § 1524
22 sub.6 73 P.S. § 35 54 Pa.C.S. § 1521
23 sub.7 73 P.S. § 36 54 Pa.C.S. § 1502
24 2 73 P.S. § 33a Pa.R.Civ.P. 1501
25 et seq.
26 3 73 P.S. § 33b 1 Pa.C.S. § 1925
27 1919 No.340 1 54 P.S. § 5 54 Pa.C.S. § 701
28 2 54 P.S. § 6 54 Pa.C.S. § 705
29 1923 No.51 1 54 P.S. § 1 54 Pa.C.S. § 702
30 2 54 P.S. § 2 Bill, § 6(a)
31 3 54 P.S. § 3 Bill, § 6(b)
32 4 54 P.S. § 4 54 Pa.C.S. § 703
33 1927 No.406 1 54 P.S. § 41 54 Pa.C.S. §§
34 1311, 1312, 1313
35 2 54 P.S. § 42 54 Pa.C.S. §§
36 1311, 1312, 1313
37 3 54 P.S. § 43 54 Pa.C.S. § 102
38 4 54 P.S. § 44 54 Pa.C.S. § 1311
39 5 54 P.S. § 45 Omitted
40 6 54 P.S. § 46 18 Pa.C.S. § 6710
41 7 54 P.S. § 47 Omitted-Obsolete
42 1939 No.193 1 54 P.S. § 64 54 Pa.C.S. § 1701
43 2 54 P.S. § 65 54 Pa.C.S. § 1702
44 3 54 P.S. § 66 54 Pa.C.S. § 1703
45 1945 No.380 1 54 P.S. § 28.1 54 Pa.C.S. §§
46 303, 311
47 2 54 P.S. § 28.2 42 Pa.C.S. Ch.81
48 3 54 P.S. § 28.3 54 Pa.C.S. § 311
49 3.1 54 P.S. § 28.3A 54 Pa.C.S. § 312
50 4 54 P.S. § 28.4 54 Pa.C.S. § 331
51 5 54 P.S. § 28.5 42 Pa.C.S. §§
52 6103, 6104
53 6 54 P.S. § 28.6 54 Pa.C.S. § 102
54 6.1 54 P.S. § 28.6a 54 Pa.C.S. § 312
55 7 54 P.S. § 28.7 54 Pa.C.S. § 313
56 8 54 P.S. § 28.8 54 Pa.C.S. § 313
57 9 54 P.S. § 28.9 54 Pa.C.S. § 321
58 10 54 P.S. § 28.10 54 Pa.C.S. § 102
59 11 54 P.S. § 28.11 18 Pa.C.S. § 4904
19810H0950B3758 - 62 -
1 12 54 P.S. § 28.12 Omitted
2 13 54 P.S. § 28.13 Pa.R.Crim.P. 21
3 1951 No.381 1 73 P.S. § 12 54 Pa.C.S. § 1102
4 2 73 P.S. § 13 54 Pa.C.S. § 1111
5 3 73 P.S. § 14 54 Pa.C.S. § 102
6 4 73 P.S. § 15 54 Pa.C.S. § 1112
7 5 73 P.S. § 16 54 Pa.C.S. § 1113
8 6 73 P.S. § 17 54 Pa.C.S. § 1114
9 7 73 P.S. § 18 54 Pa.C.S. § 1115
10 8 73 P.S. § 19 54 Pa.C.S. § 102
11 9 73 P.S. § 20 54 Pa.C.S. § 1116
12 10 73 P.S. § 21 54 Pa.C.S. § 1103
13 11 73 P.S. § 22 54 Pa.C.S. §§
14 1121, 1122
15 12 73 P.S. § 23 54 Pa.C.S. § 1123
16 13 73 P.S. § 24 54 Pa.C.S. § 1125
17 14 73 P.S. § 25 54 Pa.C.S. § 1126
18 15 73 P.S. § 26 1 Pa.C.S. § 1925
19 1957 No.374 1 15 P.S. § 51 54 Pa.C.S. § 301
20 2 15 P.S. § 52 54 Pa.C.S. § 302
21 3 15 P.S. § 53 54 Pa.C.S. § 311
22 4 15 P.S. § 54 54 Pa.C.S. §§
23 311, 331
24 5 15 P.S. § 55 54 Pa.C.S. §§
25 303, 311
26 6 15 P.S. § 56 54 Pa.C.S. § 102
27 7 15 P.S. § 57 54 Pa.C.S. § 102
28 8 15 P.S. § 58 54 Pa.C.S. § 102
29 9 15 P.S. § 59 42 Pa.C.S. §§
30 6103, 6104
31 10 15 P.S. § 60 42 Pa.C.S. Ch.81
32 11 15 P.S. § 61 54 Pa.C.S. § 312
33 12 15 P.S. § 62 54 Pa.C.S. § 312
34 13 15 P.S. § 63 54 Pa.C.S. § 331
35 14 15 P.S. § 64 Procedural and
36 not properly part
37 of statutory law
38 15 15 P.S. § 65 54 Pa.C.S. § 102
39 16 15 P.S. § 66 54 Pa.C.S. § 313
40 17 15 P.S. § 67 54 Pa.C.S. § 321
41 19 15 P.S. § 69 18 Pa.C.S. § 4904
42 21 15 P.S. § 71 Pa.R.Crim.P. 21
43 22 15 P.S. § 72 Obsolete in view
44 of combination of
45 1945 and 1957
46 acts
47 23 15 P.S. § 73 54 Pa.C.S. § 332
48 24 15 P.S. § 74 54 Pa.C.S. § 332
49 1965 No.564 1 73 P.S. § 120-1 54 Pa.C.S. § 1501
50 2 73 P.S. § 120-2 54 Pa.C.S. § 1511
51 3 73 P.S. § 120-3 54 Pa.C.S. §§
52 102, 1511
53 4 73 P.S. § 120-4 54 Pa.C.S. § 1513
54 5 73 P.S. § 120-5 54 Pa.C.S. § 102
55 6 73 P.S. § 120-6 54 Pa.C.S. § 1514
56 7 73 P.S. § 120-7 54 Pa.C.S. § 1521
57 8 73 P.S. § 120-8 54 Pa.C.S. § 1522
58 9 73 P.S. § 120-9 54 Pa.C.S. § 1523
59 10 73 P.S. § 120-10 54 Pa.C.S. § 1524
19810H0950B3758 - 63 -
1 11 73 P.S. § 121-11 54 Pa.C.S. § 1525
2 12 73 P.S. § 120-12 Pa.R.Crim.P. 2000
3 et seq.
4 13 73 P.S. § 120-13 Pa.R.Crim.P. 2000
5 et seq.
6 14 73 P.S. § 120-14 54 Pa.C.S. § 1502
7 15 73 P.S. § 120-15 54 Pa.C.S. § 1531
8 54 Pa.C.S. § 101 54 Pa.C.S.A. § 101 54 Pa.C.S. § 101
9 54 Pa.C.S. § 501 54 Pa.C.S.A. § 501 54 Pa.C.S. § 501
10 54 Pa.C.S. § 502 54 Pa.C.S.A. § 502 54 Pa.C.S. § 502
11 54 Pa.C.S. § 503 54 Pa.C.S.A. § 503 54 Pa.C.S. § 503
12 54 Pa.C.S. § 504 54 Pa.C.S.A. § 504 54 Pa.C.S. § 504
13 54 Pa.C.S. § 505 54 Pa.C.S.A. § 505 54 Pa.C.S. § 505
14 54 Pa.C.S. § 506 54 Pa.C.S.A. § 506 54 Pa.C.S. § 506
15 54 Pa.C.S. § 704 54 Pa.C.S.A. § 704 54 Pa.C.S. § 704
A28L54CVV/19810H0950B3758 - 64 -