54 Pa.C.S. Ch. 15

in effect

54 Pa.C.S. § 1501 Definitions.

The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: "Articles or supplies." Any item which is designed and intended for reuse in the normal course of trade by the person filing under this chapter and includes towels, coats, aprons, uniforms, toilet devices and accessories therefor supplied for hire or compensation, and vessels, receptacles and utensils used as packages or containers in the sale and distribution of any natural or processed product, compound, mixture or substance, or any combination thereof, and parts and accessories for such vessels, receptacles and utensils. "Mark." Any word, name, symbol, picture, design or device, or any combination thereof, produced upon and used by a person to indicate ownership of articles and supplies. "Produced upon." Branded, stamped, stenciled, engraved, etched, blown, embossed, impressed, embroidered, sewn or otherwise permanently placed upon any articles or supplies. "Used in this Commonwealth." A mark is "used in this Commonwealth" when such name, mark or device is placed upon articles or supplies which are loaned, rented, sold or otherwise circulated within this Commonwealth.

54 Pa.C.S. § 1502 Effect of registration under prior statutes.

Marks registered under the former provisions of the following statutes shall be deemed to be registered under this chapter: Act of April 20, 1853 (P.L.643, No.360), relating to marks on beverage bottles. Act of May 8, 1889 (P.L.132, No.146), relating to marks on beverage bottles. Act of June 15, 1911 (P.L.975, No.787), relating to marks on containers. Act of January 26, 1966 (1965 P.L.1598, No.564), relating to marks on articles or supplies.

54 Pa.C.S. § 1511 Registration of articles or supplies.

(a) General rule.--A person who uses in this Commonwealth a mark to indicate the ownership of articles or supplies may register such mark under this chapter by filing in the department an application for registration of mark used with articles or supplies, which shall set forth: (1) The name and address, including street and number, if any, of the applicant and, if a corporation, its jurisdiction of incorporation. (2) The nature of the business of the applicant. (3) The type of articles or supplies in connection with which the mark is used. (4) Such other information necessary to the administration of this chapter as the department may specify by regulation. (b) Facsimile.--The application shall be accompanied by a facsimile of the mark. (c) Registration evidence of ownership.--The registration of a mark under this chapter shall be prima facie evidence that the person in whose name the mark is registered is the owner of all articles and supplies upon which such mark is produced. (d) Cross reference.--See 15 Pa.C.S. § 134 (relating to docketing statement). (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989) 1988 Amendment. Act 177 added subsec. (d).

54 Pa.C.S. § 1512 Amendment.

(a) General rule.--The registration under this chapter of a mark may be amended by the registrant by filing in the department of an application for amendment of mark used with articles or supplies, which shall set forth: (1) The name and address, including street and number, if any, of the registrant. (2) An identification of the last preceding filing in the department with respect to the mark. (3) The amendment, which shall revise any information set forth in the preceding filing which has become inaccurate and shall restate in full all such information as so revised. (4) Such other information necessary to the administration of this chapter as the department may specify by regulation. (b) Cross reference.--See 15 Pa.C.S. § 134 (relating to docketing statement). (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989) 1988 Amendment. Act 177 added subsecs. (a) hdg. and (b).

54 Pa.C.S. § 1513 Assignment.

(a) General rule.--Any mark and its registration under this chapter shall be assignable with the sale of the articles or supplies on which the mark is produced and used. Assignments shall be by instruments in writing, duly executed, and may be recorded with the department. (b) Cross reference.--See 15 Pa.C.S. § 134 (relating to docketing statement). (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989) 1988 Amendment. Act 177 added subsecs. (a) hdg. and (b).

54 Pa.C.S. § 1514 Cancellation of registration.

(a) General rule.--The department shall cancel from the register under this chapter: (1) Any registration concerning which the department shall receive an application for cancellation thereof from the registrant or from the assignee of record. (2) Any registration in respect of which a court of competent jurisdiction shall order cancellation. (b) Cross reference.--See 15 Pa.C.S. § 134 (relating to docketing statement). (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989) 1988 Amendment. Act 177 added subsecs. (a) hdg. and (b).

54 Pa.C.S. § 1515 Decennial filings required.

(a) General rule.--Every registrant of a mark registered under this chapter shall, during the year 2001 and every tenth year thereafter, file in the department a report, which shall set forth: (1) The name and address, including street and number, if any, of the registrant. (2) An identification of the last preceding filing in the department with respect to the mark. (3) A statement that the mark continues to be used in connection with the articles or supplies specified in the registration. (4) Such other information necessary to the administration of this chapter as the department may specify by regulation. (b) Requirement satisfied by other filings.--Subsection (a) shall not apply to a registrant which during the ten years ending on December 31 of the year in which a filing would otherwise be required under subsection (a) has made any filing with the department under this chapter other than a report required by subsection (a). (c) Effect of failure to make filings.--On January 1 of the year following the year during which a report is required to be filed under subsection (a), every mark theretofore registered under this chapter with respect to which no such report has been filed during the immediately preceding year shall cease to be registered under this chapter. Such registration may thereafter be restored only by the filing under this chapter of an original application for registration of the mark. (d) Cross reference.--See 15 Pa.C.S. § 134 (relating to docketing statement). (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; Dec. 18, 1992, P.L.1333, No.169, eff. 60 days; June 22, 2000, P.L.356, No.43, eff. imd.; June 22, 2001, P.L.418, No.34, eff. 60 days) 2001 Amendment. Act 34 amended subsec. (b).

54 Pa.C.S. § 1521 Paying or accepting of deposit not deemed a sale.

The requiring, taking, paying or accepting of any deposit for any purpose upon any articles or supplies shall not be deemed to constitute a sale of such property, either optional or otherwise, for purposes of this chapter.

54 Pa.C.S. § 1522 Using or removal of identity of receptacle.

No person shall use, give, buy, take, destroy, sell or otherwise dispose of, or traffic in, articles or supplies, fill or refill any vessel, receptacle or utensil upon which a mark registered under this chapter is produced, or refuse to return such articles or supplies on demand of the owner, or to deface, erase, obliterate, cover up or otherwise remove or conceal any such name, mark or device, unless consent of the owner is obtained or unless the articles or supplies shall have been purchased from the owner.

54 Pa.C.S. § 1523 Laundering articles labeled with mark of owner.

No person shall, without the written consent of the owner thereof, launder, wash, clean, renovate or cause to be laundered, washed, cleaned or renovated, any towels, coats, aprons, uniforms, toilet devices or other supplies used for the purpose of cleanliness and sanitation, upon which a mark registered under this chapter is produced, and the possession of which is claimed by lease or rental from the owner thereof.

54 Pa.C.S. § 1524 Unauthorized use as presumptive evidence.

The use or possession by any person, other than the registrant, of any articles or supplies without the written consent provided in this chapter, or the possession of articles or supplies so marked by any junk dealer or dealer of second-hand articles, shall create a presumption of unlawful use of or traffic in such articles or supplies, which presumption may be overcome by evidence to the contrary.

54 Pa.C.S. § 1525 Return of supplies.

It shall be the duty of every person who finds, or receives in the regular course of business or in any other manner, any articles or supplies, to make a diligent effort to determine the owner thereof and advise the owner by letter of the location where such articles or supplies may be found and offer to return them to the owner.

54 Pa.C.S. § 1531 Penalty.

A person who violates any of the provisions of this chapter commits a summary offense.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=54Fetched: 10/16/2026