HB165 Summary

• Reduces trademark registration term from 10 years to 5 years, with renewal available for successive 5-year periods upon application filed within six months before expiration and payment of $30 renewal fee.

• Adds definitions for "dilution," "dilution by blurring," and "dilution by tarnishment" to protect famous marks from use that impairs distinctiveness or harms reputation, regardless of competition or consumer confusion.

• Adopts U.S. Patent and Trademark Office classifications of goods and services as the standard classification system for Alabama trademark registrations.

• Establishes that famous mark owners are entitled to injunctive relief against dilution and can recover treble damages (up to three times actual damages) plus costs, with discretionary attorney fee awards when defendant willfully intended infringement or dilution.

• Provides exceptions to dilution protection for fair use (including nominative and descriptive use), comparative advertising, parody and criticism, and noncommercial use or news reporting.