[ Chapter 110B effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
[ Text of section effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
Section 4. Upon compliance by the applicant with the requirements of this chapter, the state secretary shall cause a certificate of registration to be issued and delivered to the applicant.
The certificate of registration shall be issued under the signature of the state secretary and the seal of the commonwealth, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in the commonwealth, the class of goods or services and a description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
Any certificate of registration issued by the state secretary under the provisions hereof or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of the commonwealth.
Registration of or renewal of a mark provided by this chapter shall be constructive notice of the registrant's claim of ownership thereof and shall, when introduced in any action, be prima-facie evidence of the registrant's exclusive right to use the registered mark in this commonwealth on goods or services specified in the registration subject to any conditions or limitations stated therein, but shall not preclude an opposing party from proving any legal or equitable defense or defect which might have been asserted if such mark had not been registered.