PART II. TRADE NAMES

 

Note

 

Part II reconstituted by L 2008, c 108, 3 and amended by L 2008, c 108, 6.

 

482-2 [OLD] REPEALED. L 1980, c 26, 3.

 

482-2 Certificate. (a) Any person desiring to register any trade name may obtain a certificate of registration of the trade name in the manner hereinafter provided.

(b) Before any person may receive a certificate of registration of a trade name, the person shall file in the office of the director an application for the registration thereof, with a certified declaration stating that the person is the sole and original proprietor of the trade name or the assign of the proprietor and setting forth the nature of business in which the trade name is used.

(c) Upon filing the application, the applicant shall pay to the director a fee of $50. A special handling fee of $20 for expediting registration of a trade name shall be assessed by the director. All special handling fees shall be credited to the compliance resolution fund established under section 26-9(o). [L 1888, c 4, 1; RL 1925, 3573; am L 1925, c 174, pt of 1; RL 1935, 7450; RL 1945, 9285; RL 1955, 204-1; HRS 482-1; am and ren L 1980, c 26, 2; am L 1983, c 153, 3; am L 1984, c 118, 6; am L 1985, c 189, 8; gen ch 1985; am L 1987, c 22, 3; am L 1996, c 181, 6; am L 1999, c 129, 19; am L 2001, c 15, 4; am L 2002, c 130, 110, 111; am L 2003, c 124, 83]

 

Cross References

 

Modification of fees, see 92-28.

 

Attorney General Opinions

 

Regarding requirements for registration of exclusive trade name. Att. Gen. Op. 66-17.

 

Case Notes

 

Trade names may be established without registration under statute; common law right. 37 H. 382.

The Hawaii Uniform Trade Secrets Act preempts non-contract civil claims based upon the alleged acquisition, disclosure, or use of confidential information that does not rise to the level of a statutorily-defined trade secret. 123 H. 314, 235 P.3d 310 (2010).

 

 

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