Browse Arkansas Code titles and sections
4-71-215. Forum for actions regarding registration — Service on out-of-state registrants.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-71-215. Forum for actions regarding registration — Service on out-of-state registrants.
(a)(1) Actions to require cancellation of a mark registered pursuant to this subchapter or in mandamus to compel registration of a mark pursuant to this subchapter shall be brought in the circuit court.
(2)(A) In an action in mandamus, the proceeding shall be based solely upon the record before the Secretary of State.
(B) In an action for cancellation, the Secretary of State shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.
(b) In any action brought against a nonresident registrant, service may be effected upon the Secretary of State as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under §§ 16-58-126 and 16-58-127.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-71-215
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:4-71-215
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 3eb4f2cdb27412c385279eb498e7ae19a3f91586a2ea18cbe47f7a604f00d54f
Source location: content.xml paragraph 30968
Stored source content
4-71-215. Forum for actions regarding registration — Service on out-of-state registrants.
(a)(1) Actions to require cancellation of a mark registered pursuant to this subchapter or in mandamus to compel registration of a mark pursuant to this subchapter shall be brought in the circuit court.
(2)(A) In an action in mandamus, the proceeding shall be based solely upon the record before the Secretary of State.
(B) In an action for cancellation, the Secretary of State shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.
(b) In any action brought against a nonresident registrant, service may be effected upon the Secretary of State as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under §§ 16-58-126 and 16-58-127.
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Arkansas Code — all titles (historical 2020) · legal_authorities
16-58-126. Method of service — Corporations — Secretary of State.
Whenever process in any suit against a domestic corporation cannot be served in the county of the corporation's domicile upon any officer authorized to be served with process by the laws of the state and this fact is made to appear by the return of the sheriff of the county upon summons directed to the officer, the process may be served on the Secretary of State. He or she shall immediately send the process served on him or her to the corporation at its place of domicile by mail. The service shall be as valid as if served on an officer of the corporation authorized to be served with process. The service shall date from the time of service upon the Secretary of State.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-58-126
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-58-126. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-58-127. Method of service — Foreign corporations.
Where the defendant is a foreign corporation having an agent in this state, the service may be upon the agent.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-58-127
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 16-58-127. This identifies an authority to review, not proof of applicability.