(a) Upon receiving the application accompanied by the fee, the director shall cause the trade name to be recorded and shall issue a certificate of registration to the applicant; provided that the director shall not register any trade name that is substantially identical with any registered trade name, the name of any entity registered or authorized to transact business in accordance with the laws of the State, or any mark registered in the State, except as ordered by the director in accordance to section 482-8.5 or unless the registered owner of the registered trade name, entity name, or mark consents in writing. The certificate of registration shall be constructive notice to all persons of the applicant’s claim of the use of the trade name throughout the State, for the term of five years from the date thereof; provided that the trade name is continued in actual use by the applicant in this State. The acceptance of an application and issuance of a certificate of registration by the director shall not abrogate or limit any common law or other right of any person claiming to be the legal owner of a trade name.
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Terms Used In Hawaii Revised Statutes 482-3

  • Applicant: includes the person filing an application for registration of a trade name or mark under this chapter, and the legal representatives, successors, or assigns of such person. See Hawaii Revised Statutes 482-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 482-1
  • Entity: means a corporation, partnership, limited liability company, or any other type of business entity recognized in this State. See Hawaii Revised Statutes 482-1
  • Mark: includes any trademark or service mark, entitled to registration under this chapter whether registered or not. See Hawaii Revised Statutes 482-1
  • Trade name: means any name used by a person to identify a business or vocation of such person. See Hawaii Revised Statutes 482-1
  • Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Hawaii Revised Statutes 482-1
(b) The registration of a trade name may be renewed at any time during the period of its registration for additional five year periods by filing a renewal application within six months prior to the expiration of the current term and complying with the renewal requirements prescribed by the director. Upon filing the application for renewal, the applicant shall pay the director a fee of $50.
(c) The director may make, amend, and repeal such rules as may be necessary to carry out the purposes of this section.

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