SB432 Summary

• Reduces trademark registration terms from 10 years to 5 years, with renewal allowed for successive 5-year periods upon application and $30 fee payment within 6 months of expiration.

• Adopts U.S. Patent and Trademark Office classifications for goods and services, replacing Alabama's existing classification system while preserving trade name registration rights.

• Defines dilution as dilution by blurring or tarnishment of famous marks, regardless of competition or consumer confusion, and allows injunctive relief for famous marks against unauthorized commercial use likely to cause dilution.

• Increases available damages for trademark violations to up to three times actual damages at court discretion and allows courts to award reasonable attorney fees to prevailing mark owners when defendants willfully intended infringement or dilution.

• Becomes effective January 1, 2011.