§482-3  Record, issuance and effect of
certificate.  (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.



(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. [L
1888, c 4, §4; RL 1925, §3576; am L 1925, c 174, pt of §1; am L Sp 1933, c 29,
§1; RL 1935, §7452; RL 1945, §9287; RL 1955, §204-3; am L Sp 1959 2d, c 1, §15;
am L 1963, c 114, §3; am L 1965, c 109, §1; HRS §482-3; am L 1980, c 26, §4; am
L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 118, §7; am L 1987, c
22, §4; am L 1988, c 141, §54; am L 1992, c 6, §8; am L 1996, c 181, §7; am L
2001, c 15, §5; am L 2002, c 40, §§76, 78; am L 2003, c 124, §84 and c 210,
§12; am L 2004, c 121, §50; am L 2008, c 108, §8]