title: RCW 19.72.110

text:
Any surety upon any bond described in RCW 19.72.109 desiring to be released from subsequent liability and responsibility on any such bond shall serve upon the principal of such bond a written notice that on and after a certain date to be fixed in the notice, which shall be not less than ten days from the date of the service of the notice, the surety will withdraw as surety from such bond and shall serve a copy of such notice upon the official with whom such bond is filed not less than ten days prior to the date fixed in the notice as the date of termination of liability. If such principal is an individual and resides within the state of Washington, or is a corporation doing business in the state of Washington, such notice shall be personally served upon such individual, or if the principal is a firm or a corporation, such notice shall be served personally upon any person upon whom personal service of summons may be made under the existing laws of the state of Washington. If the principal is an individual and is not a resident of the state of Washington, or cannot be found therein, or if the principal is a foreign corporation, such notice shall be mailed by registered mail to the last known address of such principal, if any, which fact shall be shown by affidavit filed with the notice of withdrawal as hereinafter provided, and a copy of such notice shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county of the residence of the official with whom such bond is filed. The date of the last publication of notice shall be not less than twenty days from the date stated therein as the date upon which the surety will withdraw from the bond. Proof of such service or publication shall be made by affidavit and filed with the official with whom the bond is filed at least ten days before the date fixed in the notice of withdrawal.
[ 1937 c 145 s 2; RRS s 9943. Formerly RCW 19.72.110 and 19.72.120.] [SLC-RO-17.]

catchline: Release from official's, executor's, licensee's, etc., bond—Notice, service, proof.


doc_type: statute

jurisdiction: wa

title: RCW 19.72.130

text:
On and after the date fixed in the notice as the termination date the surety shall be released from subsequent liability on such bond; and, unless before the date fixed in such notice as the termination date by the surety, a new bond shall be filed with sufficient and satisfactory surety as required by law under which the bond was originally furnished and filed, the office, position, or trust in the case of a public office, guardian, executor, administrator, receiver, or trustee shall become vacant and a successor shall be appointed as provided by law; and in case of a license, certificate, permit, or franchise, the same shall become null and void: PROVIDED, HOWEVER, That no surety shall be released on the bond of any guardian, executor, administrator, receiver, or trustee until such fiduciary shall have furnished a new bond with surety approved by the court, or until his or her successor has been appointed and has qualified and taken over the fiduciary assets. Said notice of withdrawal shall be final and not subject to cancellation by said surety and said license, certificate, permit, or franchise can only be continued upon filing a new bond as above provided.
[ 2011 c 336 s 549; 1937 c 145 s 3; RRS s 9944.] [SLC-RO-17.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Release from official's, executor's, licensee's, etc., bond—Effective date—Failure to give new bond, effect.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 19.72.140

text:
When any action is brought against two or more defendants upon a contract, any one or more of the defendants being surety for the others, the surety may, upon a written complaint to the court, cause the question of suretyship to be tried and determined upon the issues made by the parties at the trial of the cause, or at any time before or after the trial, or at a subsequent term, but such proceedings shall not affect the proceedings of the plaintiff.
[Code 1881 s 646; RRS s 976. Prior: 1877 p 134 s 649; 1869 p 150 s 586; 1854 p 210 s 428. FORMER PART OF SECTION: Code 1881 s 647; RRS s 977, now codified as RCW 19.72.141.]

catchline: Suretyship—Raising issue as defendant.


title: RCW 19.72.141

text:
If the finding upon such issue be in favor of the surety, the court shall make an order directing the sheriff to levy the execution upon, and first exhaust the property of the principal before a levy shall be made upon the property of the surety, and the clerk shall indorse a memorandum of the order upon the execution.
[Code 1881 s 647; RRS s 977. Prior: 1877 p 134 s 650; 1869 p 151 s 587; 1854 p 211 s 429. Formerly RCW 19.72.140, part.]

catchline: Suretyship—Order to exhaust principal's property.


title: RCW 19.72.150

text:
The provisions of RCW 19.72.070 through 19.72.101, 19.72.140, 19.72.141 shall extend to heirs, executors, and administrators of deceased persons, but the provisions of RCW 19.72.101 shall not operate against persons under legal disabilities.
[Code 1881 s 651; RRS s 981. Prior: 1877 p 135 s 654; 1869 p 151 s 591; 1854 p 211 s 433.]

catchline: Heirs, etc., bound—Exception.


title: RCW 19.72.160

text:
It shall be lawful for any party of whom a bond, undertaking, or other obligation is required, to agree with his or her surety or sureties for the deposit of any or all moneys and assets for which he or she and his or her surety or sureties are or may be held responsible, with a bank, savings bank, savings and loan association, safe deposit or trust company, authorized by law to do business as such, or with other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such surety or sureties, or an order of court, or a judge thereof made on such notice to such surety or sureties as such court or judge may direct: PROVIDED, HOWEVER, That such agreement shall not in any manner release from or change the liability of the principal or sureties as established by the terms of said bond.
[ 2011 c 336 s 550; 1953 c 46 s 1.]

catchline: Assets—Safekeeping agreements—Joint control of deposits.


title: RCW 19.72.170

text:
No bond required by law, and intended as such bond, shall be void for want of form or substance, recital, or condition; nor shall the principal or surety on such account be discharged, but all the parties thereto shall be held and bound to the full extent contemplated by the law requiring the same, to the amount specified in such bond. In all actions on such defective bond, the plaintiff may state its legal effect, in the same manner as though it were a perfect bond.
[Code 1881 s 749; 1854 p 219 s 489; RRS s 777. Formerly RCW 10.19.120, part.] [SLC-RO-10.]

catchline: Bonds not to fail for want of form or substance.


title: RCW 19.72.180

text:
In the event of the breach of the condition of any bond described in RCW 19.72.109, successive recoveries may be made thereon by any of the obligees thereof: PROVIDED, HOWEVER, That the total amount of all such recoveries, whether by one or more of such obligees, shall not exceed, in the aggregate, the penal sum specified in such bond.
[ 1959 c 113 s 1.]

catchline: Successive recoveries on bond—Limitation.


title: RCW 19.72.900

text:
This chapter applies to all sureties, regardless of whether the sureties are compensated or uncompensated.
[ 1992 c 115 s 2.]

catchline: Application.


title: RCW 19.72.901

text:
For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships.
[ 2009 c 521 s 55.]

catchline: Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.


title: RCW 19.76.100

text:
All persons engaged in the manufacture, bottling or selling of ale, porter, lager beer, soda, mineral water, or other beverages in casks, kegs, bottles or boxes, with their names or other marks of ownership stamped or marked thereon, may file in the office of the secretary of state a description of names or marks so used by them, and publish the same in a newspaper of general circulation in the county, printed in the English language, once a week for six successive weeks, in counties where the articles are manufactured, bottled or sold.
[ 1985 c 469 s 11; 1981 c 302 s 1; 1897 c 38 s 1; RRS s 11546.]
Notes:
Severability—1981 c 302: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1981 c 302 s 40.]
Alcoholic beverage control: Title 66 RCW.
Labeling of spirits, etc.: RCW 66.28.100 through 66.28.120.

catchline: Labels on bottles, etc.—Filing—Publication.


title: RCW 19.76.110

text:
It is hereby declared to be unlawful for any person or persons hereafter, without the written consent of the owner or owners thereof, to fill with ale, porter, lager beer or soda, mineral water or other beverages, for sale or to be furnished to customers, any such casks, barrels, kegs, bottles or boxes so marked or stamped, or to sell, dispose of, buy or traffic in, or wantonly destroy any such cask, barrel, keg, bottle or box so marked, stamped, by the owner or owners thereof, after such owner or owners shall have complied with the provisions of RCW 19.76.100.
[ 2003 c 53 s 148; 1897 c 38 s 2; RRS s 11547.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Crimes relating to brands and marks: Chapter 9.16 RCW.

catchline: Refilling bottles, etc.—Forbidden.


title: RCW 19.76.120

text:
The using by any person other than the rightful owner thereof, without such written permission, of any such cask, barrel, keg, bottle or box, for the sale therein of ale, porter, lager beer, soda, mineral waters or other beverages, or to be furnished to customers, or the buying, selling or trafficking in any such barrel, keg, bottle or box, by any person other than the owner, without such written permission, or the fact that any junk dealer or dealers in casks, barrels, kegs, bottles or boxes, shall have in his or her possession any such cask, barrel, keg, bottle or box so marked or stamped and registered as aforesaid, without such written permission, shall and is hereby declared to be prima facie evidence that such use, buying, selling, trafficking in or possession is unlawful within the meaning of RCW 19.76.100 through 19.76.120.
[ 1897 c 38 s 3; RRS s 11548.]

catchline: Refilling bottles, etc.—Possession as evidence.


title: RCW 19.76.130

text:
Any person who violates RCW 19.76.100 through 19.76.120 is guilty of a misdemeanor, and upon conviction shall be fined five dollars for each and every cask, barrel, keg, or box, and fifty cents for each and every bottle so by him, her, or them filled, bought, sold, used, trafficked in, or wantonly destroyed, together with costs of suit for first offense, and ten dollars for each and every cask, barrel, keg, and box and one dollar for each and every bottle so filled, bought, sold, used, trafficked in, or wantonly destroyed, together with the costs of suit for each subsequent offense.
[ 2003 c 53 s 149.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Refilling bottles, etc.—Penalty.


title: RCW 19.77.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Alien" when used with reference to a person means a person who is not a citizen of the United States.
(2) "Applicant" means the person filing an application for registration of a trademark under this chapter, his or her legal representatives, predecessors, successors, or assigns of record with the secretary of state.
(3) "Domestic" when used with reference to a person means a person who is a citizen of the United States.
(4) The term "colorable imitation" includes any mark which so resembles a registered mark as to be likely to cause confusion or mistake or to deceive.
(5) A "counterfeit" is a spurious mark which is identical with, or substantially indistinguishable from, a registered mark.
(6) "Dilution" means the lessening of the capacity of a famous mark to identify and distinguish goods or services through use of a mark by another person, regardless of the presence or absence of (a) competition between the owner of the famous mark and other parties, or (b) likelihood of confusion, mistake, or deception arising from that use.
(7) "Person" means any individual, firm, partnership, corporation, association, union, or other organization capable of suing and being sued in a court of law.
(8) "Registered mark" means a trademark registered under this chapter.
(9) "Registrant" means the person to whom the registration of a trademark under this chapter is issued, his or her legal representatives, successors, or assigns of record with the secretary of state.
(10) "Trademark" or "mark" means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him or her and to distinguish them from goods made or sold by others, and any word, name, symbol, or device, or any combination thereof, and any title, designation, slogan, character name, and distinctive feature of radio or television programs, used by a person in the sale or advertising of services to identify the services provided by him or her and to distinguish them from the services of others.
(11) A trademark shall be deemed to be "used" in this state when it is placed in the ordinary course of trade and not merely to reserve a right in a mark in any manner on the goods or their containers, or on tabs or labels affixed thereto, or displayed in connection with such goods, and such goods are sold or otherwise distributed in this state, or when it is used or displayed in the sale or advertising of services rendered in this state.
(12) "Trade name" means any name used by a person to identify a business or vocation of such a person.
(13) A mark shall be deemed to be "abandoned":
(a) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for three consecutive years shall be prima facie evidence of abandonment; or
(b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services or causes the mark to lose its significance as an indication of source or origin. Purchaser motivation shall not be a test for determining abandonment under this subsection.
[ 2003 c 34 s 1; 1994 c 60 s 6; 1989 c 72 s 1; 1955 c 211 s 1.]
Notes:
Effective date—1955 c 211: "This act shall be in force and take effect on September 1, 1955." [ 1955 c 211 s 19.]

catchline: Definitions.


title: RCW 19.77.015

text:
The exclusive right to the use of a trademark may be reserved by:
(1) A person intending to register a trademark under this title; or
(2) A domestic or foreign corporation intending to change its trademark.
The reservation shall be made by filing with the secretary of state an application to reserve a specified trademark or service mark, executed by or on behalf of the applicant, one copy of the trademark artwork, and fees as set by rule by the secretary of state. If the secretary of state finds that the trademark is available for use, the secretary of state shall reserve the trademark for the exclusive use of the applicant for a period of one hundred eighty days. The reservation is limited to one filing.
[ 1994 c 60 s 2.]

catchline: Reservation—Fees—Rules.


title: RCW 19.77.020

text:
(1) A trademark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(a) Consists of or comprises immoral, deceptive, or scandalous matter; or
(b) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; or
(c) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
(d) Consists of or comprises the name, portrait, or signature identifying a particular living individual who has not consented in writing to its registration; or
(e) Consists of or comprises a trademark which so resembles a trademark registered in this state, or a trademark or trade name used in this state by another prior to the date of the applicant's or applicant's predecessor's first use in this state and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.
(2) Registration under this title does not constitute prima facie evidence that a mark is not merely descriptive, deceptively misdescriptive, or geographically descriptive or deceptively misdescriptive of the goods or services with which it is used, or is not primarily merely a surname, unless the applicant has made substantially exclusive and continuous use thereof as a trademark in this state or elsewhere in the United States for the five years next preceding the date of the filing of the application for registration.
(3) A trade name is not registrable under this chapter. However, if a trade name also functions as a trademark, it is registrable as a trademark.
(4) The secretary of state shall make a determination of registerability by considering the application record and the marks previously registered and subsisting under this chapter.
[ 2003 c 34 s 2; 1989 c 72 s 2; 1955 c 211 s 2.]

catchline: Registration of certain trademarks prohibited.


title: RCW 19.77.030

text:
(1) Subject to the limitations set forth in this chapter, any person who has adopted and is using a trademark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that trademark setting forth, but not limited to, the following information:
(a) The name and business address of the applicant, and, if the applicant is a corporation, its state of incorporation;
(b) The particular goods or services in connection with which the trademark is used and the class in which such goods or services fall;
(c) The manner in which the trademark is placed on or affixed to the goods or containers, or displayed in connection with such goods, or used in connection with the sale or advertising of the services;
(d) The date when the trademark was first used with such goods or services anywhere and the date when it was first used with such goods or services in this state by the applicant or his or her predecessor in business;
(e) A statement that the trademark is presently in use in this state by the applicant;
(f) A statement that the applicant believes himself or herself to be the owner of the trademark and believes that no other person has the right to use such trademark in connection with the same or similar goods or services in this state either in the identical form or in such near resemblance thereto as to be likely, when used on or in connection with the goods or services of such other person, to cause confusion or mistake or to deceive; and
(g) Such additional information or documents as the secretary of state may reasonably require.
(2) A single application for registration of a trademark may specify all goods or services in a single class or in multiple classes for which the trademark is actually being used.
(3) The application must be signed by the applicant individual, or by a member of the applicant firm, or by an officer of the applicant corporation, association, union, or other organization.
(4) The application must be accompanied by three specimens or facsimiles of the trademark for each of the goods or services for which its registration is requested, and a filing fee, as set by rule by the secretary of state, payable to the secretary of state. The fee established by the secretary may vary based upon the number of categories listed in the application.
(5) An applicant may correct an application previously filed by the secretary of state, within ninety days of the original filing, if the application contains an incorrect statement or the application was defectively executed, signed, or acknowledged. An application is corrected by filing a form provided by the secretary of state, and accompanied by a filing fee established by the secretary by rule. The correction may not change the mark itself. A corrected application is effective on the effective date of the document it corrects, except that it is effective on the date the correction is filed as to persons relying on the uncorrected document and adversely affected by the correction.
(6) An applicant may amend an application previously filed by the secretary of state if the applicant changes the categories in which it does business. An application is amended by filing a form provided by the secretary of state, accompanied by three specimens or facsimiles of the trademark for any new or additional goods or services for which the amendment is requested, and a filing fee established by the secretary by rule. The amendment or correction may not change the mark itself. An amended application is effective on the date it is filed.
(7) If the secretary of state determines within ninety days of issuance, that a certificate of registration was issued in error, then the secretary may cancel the certificate of registration. The secretary shall promptly notify the registrant of the cancellation in writing. The registrant may petition the superior court of Thurston county for review of the cancellation within sixty days.
[ 2011 c 336 s 551; 2010 1st sp.s. c 29 s 9; 1998 c 39 s 1; 1994 c 60 s 1; 1989 c 72 s 3; 1982 c 35 s 181; 1955 c 211 s 3.]
Notes:
Intent—2010 1st sp.s. c 29: See note following RCW 24.06.450.
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.

catchline: Application for registration—Fee—Rules—Corrections—Amendment for change in categories—Certificates issued in error.


title: RCW 19.77.040

text:
Upon compliance by the applicant with the requirements of this chapter, the secretary of state shall issue a certificate of registration and deliver it to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and it shall show the registrant's name and business address and, if the registrant is a corporation, its state of incorporation, the date claimed for the first use of the trademark anywhere, the date claimed for the first use of the trademark in this state, the particular goods or services for which the trademark is used, the class in which such goods and services fall, a reproduction of the trademark, the registration date and the term of the registration.
Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in any action or judicial proceeding in any court of this state as prima facie evidence of:
(1) The validity of the registration of the trademark;
(2) The registrant's ownership of the trademark; and
(3) The registrant's exclusive right to use the trademark in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated in the certificate.
Registration of a trademark under this chapter shall be constructive notice of the registrant's claim of ownership of the trademark throughout this state.
[ 1989 c 72 s 4; 1955 c 211 s 4.]

catchline: Certificate of registration—Issuance—Contents—Admissibility in evidence.


title: RCW 19.77.050

text:
Registration of a trademark hereunder shall be effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state requiring all the allegations of an application for original registration, the registration may be renewed for successive terms of five years as to the goods or services for which the trademark is still in use in this state. A renewal fee as set by rule by the secretary of state, payable to the secretary of state, shall accompany each application for renewal of the registration.
The secretary of state shall notify registrants of trademarks hereunder or their agents for service of record with the secretary of state of the necessity of renewal within the year, but not less than six months, next preceding the expiration of the unexpired original or renewed term by writing to the last known address of the registrants or their agents according to the files of the secretary of state. Neither the secretary of state's failure to notify a registrant nor the registrant's nonreceipt of a notice under this section shall extend the term of a registration or excuse the registrant's failure to renew a registration.
[ 2003 c 34 s 3; 1994 c 60 s 3; 1989 c 72 s 5; 1982 c 35 s 182; 1955 c 211 s 5.]
Notes:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.


title: RCW 19.77.060

text:
Any trademark and its registration or application for registration hereunder shall be assignable with the good will of the business in which the trademark is used, or with that part of the good will of the business connected with the use of and symbolized by the trademark. An assignment by an instrument in writing duly executed and acknowledged, or the designation of a legal representative, successor, or agent for service shall be recorded by the secretary of state on request when accompanied by a fee, as set by rule by the secretary of state, payable to the secretary of state. An assignment of any registration or application for registration under this chapter shall be void as against any subsequent purchaser for a valuable consideration without notice, unless it is recorded with the secretary of state within three months after the date thereof or prior to such subsequent purchase.
[ 2026 c 80 s 1; 1994 c 60 s 4; 1982 c 35 s 183; 1955 c 211 s 6.]
Notes:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.

catchline: Assignment of trademark, registration, or application—Fee—Rules.


title: RCW 19.77.070

text:
The secretary of state shall keep for public examination a record of all trademarks registered or renewed under this chapter, and the records specified in RCW 19.77.060.
[ 1955 c 211 s 7.]

catchline: Secretary of state to keep records.


title: RCW 19.77.080

text:
The secretary of state shall cancel from the register:
(1) Any registration concerning which the secretary of state shall receive a voluntary written request for cancellation thereof from the registrant;
(2) All expired registrations not renewed under this chapter;
(3) Any registration concerning which a court of competent jurisdiction has rendered a final judgment against the registrant, which has become unappealable, canceling the registration or finding that:
(a) The registered trademark has been abandoned;
(b) The registrant under this chapter or under a prior act is not the owner of the trademark;
(c) The registration was granted contrary to the provisions of this chapter;
(d) The registration was obtained fraudulently;
(e) The registered trademark has become incapable of serving as a trademark; or
(f) The registered trademark is so similar to a trademark registered by another person in the United States patent and trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned, as to be likely to cause confusion or mistake or to deceive: PROVIDED, That such finding was made on petition of such other person and that should the registrant prove that he or she is the owner of a concurrent registration of the trademark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be canceled.
[ 1989 c 72 s 6; 1955 c 211 s 8.]

catchline: Secretary of state must cancel certain registrations.


title: RCW 19.77.090

text:
The secretary of state shall be the agent for service of process in any action relating to the registration of any registrant who is at the time of such service a nonresident or a foreign firm, corporation, association, union, or other organization without a resident of this state designated as the registrant's agent for service of record with the secretary of state, or who cannot be found in this state, and service of process, pleadings and papers in such action made upon the secretary of state shall be held as due and sufficient process upon the registrant. The secretary of state shall charge and collect an assessment, as set by rule by the secretary of state, at the time of any service of process upon the secretary of state under this section. The assessment may be recovered as taxable costs by the party to the suit or action causing such service to be made if such party prevails in the suit or action. The assessment shall be deposited in the secretary of state's revolving fund.
[ 1994 c 287 s 5; 1982 c 35 s 184; 1955 c 211 s 9.]
Notes:
Intent—Severability—Effective dates—Application—1982 c 35: See notes following RCW 43.07.160.

catchline: Actions relating to registration—Service on secretary of state—Assessment—Set by rule.


title: RCW 19.77.115

text:
The secretary of state must adopt by rule a classification of goods and services for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used indicating the appropriate class or classes of goods or services. When a single application includes goods or services that fall within multiple classes, the secretary of state may require payment of a fee for each class. To the extent practical, the classification of goods and services should conform to the classification adopted by the United States patent and trademark office.
[ 2003 c 34 s 4.]

catchline: Classification of goods and services.


title: RCW 19.77.130

text:
Any person who shall for himself or herself, or on behalf of any other person, procure the registration of any trademark by the secretary of state under the provisions of this chapter, by knowingly making any false or fraudulent representation or declaration, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of such registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction, together with costs of such action including reasonable attorneys' fees.
[ 2011 c 336 s 552; 1989 c 72 s 8; 1955 c 211 s 13.]


title: RCW 19.77.140

text:
(1) Subject to the provisions of RCW 19.77.900 any person who shall:
(a) Use, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a trademark registered under this chapter in connection with the sale, offering for sale, or advertising of any goods or services on or in connection with which such use is likely to cause confusion or mistake or to deceive as to the source or origin of such goods or services; or
(b) Reproduce, counterfeit, copy or colorably imitate any such trademark and apply such reproduction, counterfeit, copy or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution of goods or services in this state on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive as to the source or origin of such goods or services
shall be liable to a civil action by the registrant for any or all of the remedies provided in RCW 19.77.150, except that under (b) of this subsection the registrant shall not be entitled to recover profits or damages unless the acts have been committed with the intent to cause confusion or mistake or to deceive.
(2) In determining whether, under this chapter, there is a likelihood of confusion, mistake, or deception between marks when used in association with goods or services, the court shall consider all relevant factors, including, but not limited to the following:
(a) The similarity or dissimilarity of the marks in their entireties to appearance, sound, meaning, connotation, and commercial impression;
(b) The similarity or dissimilarity of the goods or services and nature of the goods and services;
(c) The similarity or dissimilarity of trade channels;
(d) The conditions under which sales are made and buyers to whom sales are made;
(e) The fame of the marks;
(f) The number and nature of similar marks in use on similar goods or services;
(g) The nature and extent of any actual confusion;
(h) The length of time during and conditions under which there has been concurrent use without evidence of actual confusion;
(i) The variety of goods or services on which each of the marks is or is not used;
(j) The nature and extent of potential confusion, i.e., whether de minimis or substantial;
(k) Any other established fact probative of the effect of use.
[ 2003 c 34 s 5; 1989 c 72 s 9; 1955 c 211 s 14.]

catchline: Trademark imitation.


title: RCW 19.77.150

text:
Any registrant may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or colorable imitations of a trademark registered under this chapter, and any court of competent jurisdiction may grant an injunction to restrain such manufacture, use, display, or sale as may be by the said court deemed just and reasonable, and may require the defendants to pay to such registrant all profits derived from and/or all damages suffered by reason of such wrongful manufacture, use, display, or sale; and such court may also order that any such counterfeits or colorable imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the registrant, to be destroyed. The court, in its discretion, may enter judgment awarding reasonable attorneys' fees and/or an amount not to exceed three times such profits and damages in such cases where the court finds the other party committed the wrongful acts in bad faith or otherwise as according to the circumstances of the case.
The enumeration of any right or remedy herein shall not affect a registrant's right to prosecute under any penal law of this state.
[ 2003 c 34 s 6; 1989 c 72 s 11; 1955 c 211 s 15.]

catchline: Remedies of registrants.


title: RCW 19.77.160

text:
(1) The owner of a mark that is famous in this state shall be entitled, subject to the principles of equity and upon such terms as the court deems reasonable, to an injunction against another person's commercial use in this state of a mark, commencing after the mark becomes famous, which causes dilution of the distinctive quality of the mark, and to obtain such other relief as is provided in this section. In determining whether a mark is famous and has distinctive quality, a court shall consider all relevant factors, including, but not limited to the following:
(a) The degree or inherent or acquired distinctiveness of the mark in this state;
(b) The duration and extent of use of the mark in connection with the goods or services with which the mark is used;
(c) The duration and extent of advertising and publicity of the mark in this state;
(d) The geographical extent of the trading area in which the mark is used;
(e) The channels of trade for the goods or services with which the mark is used;
(f) The degree of recognition of the mark in the trading areas and channels of trade in this state used by the mark's owner and the person against whom the injunction is sought;
(g) The nature and extent of use of the same or similar marks by third parties; and
(h) Whether the mark is the subject of state registration in this state or United States registration.
(2) The owner shall be entitled only to injunctive relief in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If such willful intent is proven, the owner shall also be entitled to the remedies set forth in this chapter, subject to the discretion of the court and the principles of equity.
(3) The following are not actionable under this section:
(a) Fair use of a famous mark by another person in comparative commercial advertising or promotion to identify competing goods or services of the owner of the famous mark;
(b) Noncommercial use of a famous mark; and
(c) All forms of reporting and news commentary.
[ 2003 c 34 s 7; 1989 c 72 s 10.]

catchline: Injunctive relief for owners of famous marks.


title: RCW 19.77.170

text:
Damages or equitable relief of any nature may not be awarded in any pending or future legal procedure in favor of an alien person against a domestic person on account of the domestic person's use of a trademark or trade name in this state that is employed by the alien person outside of the United States, absent proof that:
(1) The alien person had commenced to employ the trademark or trade name in connection with the sale of its goods or services within the United States prior to the time the domestic person commenced to use the trademark or trade name in this state; or
(2) That the trademark was registered by the United States patent and trademark office or reserved by the secretary of state to the alien person at the time the domestic person commenced to use it. This section applies regardless of the nature of the claim asserted and whether the claim upon which any such relief is sought arises by statute, under the common law, or otherwise.
[ 1994 c 60 s 7.]

catchline: Use of trademark employed by alien person outside of United States—Limitation of damages, relief—Exceptions.


title: RCW 19.77.900

text:
Nothing herein shall adversely affect the rights or the enforcement of rights in trademarks acquired in good faith at common law prior to registration under this chapter; however, during any period subsequent to July 23, 1989, when the registration of a mark under this chapter is in force and the registrant has not abandoned the trademark, no common law rights as against the registrant may be acquired.
[ 1989 c 72 s 12; 1955 c 211 s 16.]

catchline: Common law rights preserved prior to registration.


title: RCW 19.77.910

text:
As to any pending suit, proceeding or appeal, and for that purpose only, the repeal of prior acts shall be deemed not to be effective until final determination.
[ 1955 c 211 s 17.]

catchline: Saving—1955 c 211.


title: RCW 19.77.930

text:
It is the intent of the legislature that, in construing this chapter, the courts be guided by the interpretation given by the federal courts to the federal trademark act of 1946, as amended, 15 U.S.C., Sec. 1051, et seq.
[ 1989 c 72 s 13.]

catchline: Construction—1989 c 72.


title: RCW 19.77.940

text:
Chapter 72, Laws of 1989 applies prospectively only and not retroactively. The rights and obligations of chapter 72, Laws of 1989 shall accrue upon July 23, 1989, to all prior trademark registrations then in effect, and the provisions of chapter 72, Laws of 1989 shall not apply to any cause of action arising prior to July 23, 1989.
[ 1989 c 72 s 14.]

catchline: Prospective application—1989 c 72.


title: RCW 19.80.001

text:
The purposes of this chapter are: (1) To require each person who is conducting business in the state of Washington under a trade name to disclose the true and real name of each person conducting that business, and (2) to provide a central registry of businesses operating under a trade name in the state of Washington.
[ 1984 c 130 s 1.]
Notes:
Effective date—1984 c 130: "Sections 1 through 11 of this act shall take effect on October 1, 1984. The director of licensing is authorized to immediately take such steps as are necessary to insure that this act is implemented on its effective date." [ 1984 c 130 s 12.]

catchline: Purposes.


title: RCW 19.80.005

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Business" means an occupation, profession, or employment engaged in for the purpose of seeking a profit.
(2) "Department" means the department of revenue.
(3) "Person" means any individual, partnership, limited liability company, or corporation conducting or having an interest in a business in the state.
(4) "Trade name" means a word or name, or any combination of a word or name, used by a person to identify the person's business which:
(a) Is not, or does not include, the true and real name of all persons conducting the business; or
(b) Includes words which suggest additional parties of interest such as "company," "and sons," or "and associates."
(5) "True and real name" means:
(a) The surname of an individual coupled with one or more of the individual's other names, one or more of the individual's initials, or any combination;
(b) The designation or appellation by which an individual is best known and called in the business community where that individual transacts business, if this is used as that individual's legal signature;
(c) The registered corporate name of a domestic corporation as filed with the secretary of state;
(d) The registered corporate name of a foreign corporation authorized to do business within the state of Washington as filed with the secretary of state;
(e) The registered partnership name of a domestic limited partnership as filed with the secretary of state;
(f) The registered partnership name of a foreign limited partnership as filed with the secretary of state; or
(g) The name of a general partnership which includes in its name the true and real names, as defined in (a) through (f) of this subsection, of each general partner as required in RCW 19.80.010.
[ 2011 c 298 s 13; 2000 c 174 s 1; 1996 c 231 s 2; 1984 c 130 s 2.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.

catchline: Definitions.


title: RCW 19.80.010

text:
Each person or persons who carries on, conducts, or transacts business in this state under any trade name must register that trade name with the department as provided in this section.
(1) Sole proprietorship or general partnership: The registration must set forth the true and real name or names of each person conducting the same, together with the post office address or addresses of each such person and the name of the general partnership, if applicable.
(2) Foreign or domestic limited partnership: The registration must set forth the limited partnership name as filed with the office of the secretary of state.
(3) Foreign or domestic limited liability company: The registration must set forth the limited liability company name as filed with the office of the secretary of state.
(4) Foreign or domestic corporation: The registration must set forth the corporate name as filed with the office of the secretary of state.
(5) Other business entities: The registration must set forth the entity's name as required by the department.
[ 2013 c 144 s 32; 2011 c 298 s 14; 2000 c 174 s 2; 1996 c 231 s 3; 1984 c 130 s 3; 1979 ex.s. c 22 s 1; 1907 c 145 s 1; RRS s 9976.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.
Adoption of rules—1979 ex.s. c 22: "The director of the department of licensing shall promulgate such rules and regulations as are necessary to implement the transfer of duties and of records required by section 1 of this 1979 act. Such rules shall provide for transfer of existing certificates from the counties to the department, set fees for filing of certificates and amendments, and set fees for obtaining copies thereof." [ 1979 ex.s. c 22 s 3.]
Effective date—1979 ex.s. c 22: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1979." [ 1979 ex.s. c 22 s 4.]

catchline: Registration required.


title: RCW 19.80.025

text:
(1) A notice of change must be filed with the department when a change occurs in:
(a) The true and real name of a person conducting a business with a trade name registered under this chapter; or
(b) Any mailing address set forth on the registration or any subsequently filed notice of change.
(2) A notice of cancellation must be filed with the department when use of a trade name is discontinued.
(3) A notice of cancellation, together with a new registration, must be filed before conducting or transacting any business when:
(a) An addition, deletion, or any change of person or persons conducting business under the registered trade name occurs; or
(b) There is a change in the wording or spelling of the trade name since initial registration or renewal.
[ 2011 c 298 s 15; 2000 c 174 s 3; 1984 c 130 s 5.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.

catchline: Changes in registration—Filing notice of change.


title: RCW 19.80.040

text:
No person or persons carrying on, conducting, or transacting business under any trade name shall be entitled to maintain any suit in any of the courts of this state until such person or persons have properly completed the registration as provided for in RCW 19.80.010. Failure to complete this registration shall not impair the validity of any contract or act of such person or persons and shall not prevent such person or persons from defending any suit in any court of this state.
[ 1984 c 130 s 7; 1907 c 145 s 5; RRS s 9980. Formerly RCW 19.80.040 and 19.80.050.]
Notes:
Effective date—1984 c 130: See note following RCW 19.80.001.

catchline: Failure to file.


title: RCW 19.80.045

text:
The department must adopt rules as necessary to administer this chapter. The rules may include but are not limited to specifying forms and setting fees for trade name registrations, amendments, searches, renewals, and copies of registration documents. Fees may not exceed the actual cost of administering this chapter.
[ 2011 c 298 s 16; 1984 c 130 s 6.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.

catchline: Rules—Fees.


title: RCW 19.80.075

text:
All fees collected by the department under this chapter must be deposited with the state treasurer and credited to the business license account.
[ 2013 c 144 s 33; 2011 c 298 s 17; 1992 c 107 s 6; 1984 c 130 s 9.]
Notes:
Purpose—Intent—Agency transfer—Contracting—Effective date—2011 c 298: See notes following RCW 19.02.020.
Effective dates—1992 c 107: See note following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.

catchline: Collection and deposit of fees.


title: RCW 19.80.080

text:
(1) The department may require the renewal of trade names and establish a process for renewing trade names. Any such renewal process may not require renewals of trade names more often than annually and must allow persons to renew their trade name at the same time they are required to renew their business license.
(2) The department may cancel a person's trade name upon request of the person the trade name is registered to or when the person's business license account with the department's business licensing service is inactive. The department may also provide for the cancellation of trade names under circumstances as defined by the department by rule, which may include failure to renew a trade name under a renewal process as may be established by the department under the authority of subsection (1) of this section.
(3)(a) The department must make a reasonable effort to notify a person that the department intends to cancel the person's trade name. This notice is not required when a request for cancellation of a trade name is received by the department from the person the trade name was registered to or the person's authorized representative. The department may comply with this subsection either by mailing the notice to the person's last known address on record with the department or by providing the notice electronically instead of by mail. Such electronic notice is not subject to the confidentiality provisions of RCW 19.02.115 and may be sent by email to the person's last known email address on record with the department. However, if the department sends a notice by email and is notified that the email is undeliverable, the department must resend the notice by mail to the person's last known address on record with the department.
(b) The department may cancel a trade name unless, within twenty days of sending the notice required under this subsection, the person notifies the department in writing not to cancel the person's trade name and pays any applicable renewal fee.
(4) The department may remove any canceled trade names from its database of trade names.
(5) "Business license" and "business licensing service" have the same meaning as in RCW 19.02.020.
[ 2013 c 144 s 31.]

catchline: Renewal and cancellation.


title: RCW 19.83.010

text:
Every person who uses, or furnishes, or sells to any other person for use, in, with, or for the sale of any goods, any trading stamps, coupons, tickets, certificates, cards or other similar devices which entitle the purchaser to procure any goods free of charge or for less than the retail market price thereof, upon the production of any number of such trading stamps, coupons, tickets, certificates, cards, or other similar devices, shall before so furnishing, selling, or using the same obtain a separate license from the auditor of each county wherein such furnishing or selling or using shall take place for each and every store or place of business in that county, owned or conducted by such person from which such furnishing or selling, or in which such using shall take place.
[ 1913 c 134 s 1; RRS s 8359. Formerly RCW 36.91.010.]

catchline: License required to use or furnish trading stamps, coupons, or similar devices.


title: RCW 19.83.020

text:
In order to obtain such license the person applying therefor shall pay to the county treasurer of the county for which the license is sought the sum of six thousand dollars, and upon such payment being made to the county treasurer he or she shall issue his or her receipt therefor which shall be presented to the auditor of the county, who shall upon the presentation thereof issue to the person making such payment a license to furnish or sell, or a license to use, for one year, trading stamps, coupons, tickets, certificates, cards, or other similar devices. Such license shall contain the name of the licensee, the date of its issue, the date of its expiration, the city or town in which and the location at which the same shall be used, and the license shall be used at no place other than that mentioned therein.
[ 2011 c 336 s 553; 1913 c 134 s 2; RRS s 8360. Formerly RCW 36.91.020.]

catchline: Issuance of license—Fee.


title: RCW 19.83.030

text:
No person shall furnish or sell to another for use, in, with, or for the sale of any goods, any trading stamps, coupons, tickets, certificates, cards, or other similar devices to be used in any county, city or town in this state other than that in which such furnishing or selling shall take place.
[ 1957 c 221 s 2. Prior: 1939 c 31 s 1, part; 1913 c 134 s 3, part; RRS s 8361, part. Formerly RCW 36.91.030.]

catchline: Furnishing or selling trading stamps, coupons, or similar devices geographically limited.


title: RCW 19.83.040

text:
(1) Nothing in this chapter, or in any other statute or ordinance of this state, shall apply to:
(a) The issuance and direct redemption by a manufacturer of a premium coupon, certificate, or similar device; or prevent him or her from issuing and directly redeeming such premium coupon, certificate, or similar device, which, however, shall not be issued, circulated, or distributed by retail vendors except when contained in or attached to an original package;
(b) The publication by, or distribution through, newspapers or other publications of coupons, certificates, or similar devices; or
(c) A coupon, certificate, or similar device which is within, attached to, or a part of a package or container as packaged by the original manufacturer and which is to be redeemed by another manufacturer, if:
(i) The coupon, certificate, or similar device clearly states the names and addresses of both the issuing manufacturer and the redeeming manufacturer; and
(ii) The issuing manufacturer is responsible for redemption of the coupon, certificate, or similar device if the redeeming manufacturer fails to do so.
(2) The term "manufacturer," as used in this section, means any vendor of an article of merchandise which is put up by or for him or her in an original package and which is sold under his, her, or its trade name, brand, or mark.
[ 2011 c 336 s 554; 1983 c 40 s 1; 1972 ex.s. c 104 s 1; 1957 c 221 s 3. Prior: 1939 c 31 s 1, part; 1913 c 134 s 3, part; RRS s 8361, part. Formerly RCW 36.91.040.]
Notes:
Severability—1983 c 40: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1983 c 40 s 2.]

catchline: Coupons or similar devices—Exemptions.


title: RCW 19.83.050

text:
Any person violating any of the provisions of this chapter shall be guilty of a gross misdemeanor.
[ 1913 c 134 s 4; RRS s 8362. Formerly RCW 36.91.050.]

catchline: Penalty.


title: RCW 19.84.010

text:
No person shall sell or issue any stamps, trading stamp, cash discount stamp, check, ticket, coupon or other similar device, which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive, either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, unless each of said stamps, trading stamps, cash discount stamps, checks, tickets, coupons or other similar devices shall have legibly printed or written upon the face thereof the redeemable value thereof in cents.
[ 1907 c 253 s 1; RRS s 5837.]

catchline: Redeemable cash value to be printed on face.


title: RCW 19.84.020

text:
Any person who shall sell or issue to any person engaged in any trade, business or profession, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device which will entitle the holder thereof, on presentation thereof either singly or in definite number, to receive either directly from the vendor or indirectly through any other person, money or goods, wares or merchandise, shall, upon presentation, redeem the same either in goods, wares or merchandise, or in cash, good and lawful money of the United States, at the option of the holder thereof, and any number of such stamps, trading stamps, cash discount stamps, checks, tickets, coupons, or other similar devices shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face thereof, and it shall not be necessary for the holder thereof to have any stipulated number of the same before demand for redemption may be made, but they shall be redeemed in any number, when presented, at the value in cents printed upon the face thereof, as hereinbefore provided.
[ 1907 c 253 s 2; RRS s 5838.]

catchline: Must redeem at cash value.


title: RCW 19.84.030

text:
Any person engaged in any trade, business, or profession who shall distribute, deliver, or present to any person dealing with him or her, in consideration of any article or thing purchased, any stamp, trading stamp, cash discount stamp, check, ticket, coupon, or other similar device, which will entitle the holder thereof, on presentation thereof, either singly or in definite number, to receive, either directly from the person issuing or selling the same, as set forth in RCW 19.84.020, or indirectly through any other person, shall, upon the refusal or failure of the said person issuing or selling same to redeem the same, as set forth in RCW 19.84.020, be liable to the holder thereof for the face value thereof, and shall upon presentation redeem the same, either in goods, wares, or merchandise, or in cash, good and lawful money of the United States of America, at the option of the holder thereof, and in such case any number of such stamps, trading stamps, cash discount stamps, checks, tickets, coupons, or other similar devices, shall be redeemed as hereinbefore set forth, at the value in cents printed upon the face thereof, and it shall not be necessary for the holder thereof to have any stipulated number of the same before demand for redemption may be made, but they shall be redeemed in any number, when presented, at the value in cents printed upon the face thereof, as hereinbefore provided.
[ 2011 c 336 s 555; 1907 c 253 s 3; RRS s 5839.]

catchline: Distributor liable.


title: RCW 19.84.040

text:
Any person, firm or corporation who shall violate any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and shall be fined not less than one hundred dollars nor more than one thousand dollars for each offense.
[ 1907 c 253 s 4; RRS s 5840.]

catchline: Criminal penalty.


title: RCW 19.85.011

text:
The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state's small businesses because of the size of those businesses. This disproportionate impact reduces competition, innovation, employment, and new employment opportunities, and threatens the very existence of some small businesses. The legislature therefore enacts the Regulatory Fairness Act with the intent of reducing the disproportionate impact of state administrative rules on small business.
[ 1994 c 249 s 9.]
Notes:
Severability—Application—1994 c 249: See notes following RCW 34.05.310.

catchline: Finding.


title: RCW 19.85.020

text:
The definitions in this section apply through this chapter unless the context clearly requires otherwise.
(1) "Industry" means all of the businesses in this state in any one four-digit standard industrial classification as published by the United States department of commerce, or the North American industry classification system as published by the executive office of the president and the office of management and budget. However, if the use of a four-digit standard industrial classification or North American industry classification system would result in the release of data that would violate state confidentiality laws, "industry" means all businesses in a three-digit standard industrial classification or the North American industry classification system.
(2) "Minor cost" means a cost per business that is less than three-tenths of one percent of annual revenue or income, or one hundred dollars, whichever is greater, or one percent of annual payroll. However, for the rules of the department of social and health services "minor cost" means cost per business that is less than fifty dollars of annual cost per client or other appropriate unit of service.
(3) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, and that has fifty or fewer employees.
(4) "Small business economic impact statement" means a statement meeting the requirements of RCW 19.85.040 prepared by a state agency pursuant to RCW 19.85.030.
[ 2007 c 239 s 2; 2003 c 166 s 1; 1994 c 249 s 10; 1993 c 280 s 34; 1989 c 374 s 1; 1982 c 6 s 2.]
Notes:
Findings—2007 c 239: "The legislature finds that:
(1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy;
(2) Small businesses bear a disproportionate share of regulatory costs and burdens;
(3) Fundamental changes that are needed in the regulatory and enforcement culture of state agencies to make them more responsive to small business can be made without compromising the statutory missions of the agencies;
(4) When adopting rules to protect the health, safety, and economic welfare of Washington, state agencies should seek to achieve statutory goals as effectively and efficiently as possible without imposing unnecessary burdens on small employers;
(5) Uniform regulatory and reporting requirements can impose unnecessary and disproportionately burdensome demands including legal, accounting, and consulting costs upon small businesses with limited resources;
(6) The failure to recognize differences in the scale and resources of regulated businesses can adversely affect competition in the marketplace, discourage innovation, and restrict improvements in productivity;
(7) Unnecessary regulations create entry barriers in many industries and discourage potential entrepreneurs from introducing beneficial products and processes;
(8) The practice of treating all regulated businesses the same leads to inefficient use of regulatory agency resources, enforcement problems, and, in some cases, to actions inconsistent with the legislative intent of health, safety, environmental, and economic welfare legislation;
(9) Alternative regulatory approaches which do not conflict with the state objective of applicable statutes may be available to minimize the significant economic impact of rules on small businesses; and
(10) The process by which state rules are developed and adopted should be reformed to require agencies to solicit the ideas and comments of small businesses, to examine the impact of proposed and existing rules on such businesses, and to review the continued need for existing rules." [ 2007 c 239 s 1.]
Effective date—1994 c 249 s 10: "Section 10 of this act shall take effect July 1, 1994." [ 1994 c 249 s 37.]
Severability—Application—1994 c 249: See notes following RCW 34.05.310.
Effective date—1993 c 280: See RCW 43.330.902.

catchline: Definitions.


title: RCW 19.85.025

text:
(1) Unless an agency receives a written objection to the expedited repeal of a rule, this chapter does not apply to a rule proposed for expedited repeal pursuant to RCW 34.05.353. If an agency receives a written objection to expedited repeal of the rule, this chapter applies to the rule-making proceeding.
(2) This chapter does not apply to a rule proposed for expedited adoption under RCW 34.05.353, unless a written objection is timely filed with the agency and the objection is not withdrawn.
(3) This chapter does not apply to the adoption of a rule described in RCW 34.05.310(4).
(4) This chapter does not apply to the adoption of a rule if an agency is able to demonstrate that the proposed rule does not affect small businesses.
(5) An agency is not required to prepare a separate small business economic impact statement under RCW 19.85.040 if it prepared an analysis under RCW 34.05.328 that meets the requirements of a small business economic impact statement, and if the agency reduced the costs imposed by the rule on small business to the extent required by RCW 19.85.030(2). The portion of the analysis that meets the requirements of RCW 19.85.040 shall be filed with the code reviser and provided to any person requesting it in lieu of a separate small business economic impact statement.
[ 2017 c 53 s 1; 1997 c 409 s 212; 1995 c 403 s 401.]
Notes:
Part headings—Severability—1997 c 409: See notes following RCW 43.22.051.
Application—1995 c 403 ss 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Application of chapter—Limited.


title: RCW 19.85.030

text:
(1)(a) In the adoption of a rule under chapter 34.05 RCW, an agency shall prepare a small business economic impact statement: (i) If the proposed rule will impose more than minor costs on businesses in an industry; or (ii) if requested to do so by a majority vote of the joint administrative rules review committee within forty-five days of receiving the notice of proposed rule making under RCW 34.05.320. However, if the agency has completed the pilot rule process as defined by RCW 34.05.313 before filing the notice of a proposed rule, the agency is not required to prepare a small business economic impact statement.
(b) An agency must prepare the small business economic impact statement in accordance with RCW 19.85.040, and file it with the code reviser along with the notice required under RCW 34.05.320. An agency shall file a statement prepared at the request of the joint administrative rules review committee with the code reviser upon its completion before the adoption of the rule. An agency must provide a copy of the small business economic impact statement to any person requesting it.
(2) Based upon the extent of disproportionate impact on small business identified in the statement prepared under RCW 19.85.040, the agency shall, where legal and feasible in meeting the stated objectives of the statutes upon which the rule is based, reduce the costs imposed by the rule on small businesses. The agency must consider, without limitation, each of the following methods of reducing the impact of the proposed rule on small businesses:
(a) Reducing, modifying, or eliminating substantive regulatory requirements;
(b) Simplifying, reducing, or eliminating recordkeeping and reporting requirements;
(c) Reducing the frequency of inspections;
(d) Delaying compliance timetables;
(e) Reducing or modifying fine schedules for noncompliance; or
(f) Any other mitigation techniques including those suggested by small businesses or small business advocates.
(3) If a proposed rule affects only small businesses, the proposing agency must consider all mitigation options defined in this chapter.
(4) In the absence of sufficient data to calculate disproportionate impacts, an agency whose rule imposes more than minor costs must mitigate the costs to small businesses, where legal and feasible, as defined in this chapter.
(5) If the agency determines it cannot reduce the costs imposed by the rule on small businesses, the agency must provide a clear explanation of why it has made that determination and include that statement with its filing of the proposed rule pursuant to RCW 34.05.320.
(6)(a) All small business economic impact statements are subject to selective review by the joint administrative rules review committee pursuant to RCW 34.05.630.
(b) Any person affected by a proposed rule where there is a small business economic impact statement may petition the joint administrative rules review committee for review pursuant to the procedure in RCW 34.05.655.
[ 2017 c 53 s 2; 2011 c 249 s 2; 2007 c 239 s 3; 2000 c 171 s 60; 1995 c 403 s 402; 1994 c 249 s 11. Prior: 1989 c 374 s 2; 1989 c 175 s 72; 1982 c 6 s 3.]
Notes:
Findings—2007 c 239: See note following RCW 19.85.020.
Application—1995 c 403 ss 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Severability—Application—1994 c 249: See notes following RCW 34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Publication of small business economic impact statement in Washington State Register: RCW 34.08.020.

catchline: Agency rules—Small business economic impact statement—Reduction of costs imposed by rule.


title: RCW 19.85.040

text:
(1) A small business economic impact statement must include a brief description of the reporting, recordkeeping, and other compliance requirements of the proposed rule, and the kinds of professional services that a small business is likely to need in order to comply with such requirements. It shall analyze the costs of compliance for businesses required to comply with the proposed rule adopted pursuant to RCW 34.05.320, including costs of equipment, supplies, labor, professional services, and increased administrative costs. It shall consider, based on input received, whether compliance with the rule will cause businesses to lose sales or revenue. To determine whether the proposed rule will have a disproportionate cost impact on small businesses, the impact statement must compare the cost of compliance for small business with the cost of compliance for the ten percent of businesses that are the largest businesses required to comply with the proposed rules using one or more of the following as a basis for comparing costs:
(a) Cost per employee;
(b) Cost per hour of labor; or
(c) Cost per one hundred dollars of sales.
(2) A small business economic impact statement must also include:
(a) A statement of the steps taken by the agency to reduce the costs of the rule on small businesses as required by RCW 19.85.030(2), or reasonable justification for not doing so, addressing the options listed in RCW 19.85.030(2);
(b) A description of how the agency will involve small businesses in the development of the rule;
(c) A list of industries that will be required to comply with the rule. However, this subsection (2)(c) shall not be construed to preclude application of the rule to any business or industry to which it would otherwise apply; and
(d) An estimate of the number of jobs that will be created or lost as the result of compliance with the proposed rule.
(3) To obtain information for purposes of this section, an agency may survey a representative sample of affected businesses or trade associations and should, whenever possible, appoint a committee under RCW 34.05.310(2) to assist in the accurate assessment of the costs of a proposed rule, and the means to reduce the costs imposed on small business.
[ 2007 c 239 s 4; 1995 c 403 s 403; 1994 c 249 s 12. Prior: 1989 c 374 s 3; 1989 c 175 s 73; 1982 c 6 s 4.]
Notes:
Findings—2007 c 239: See note following RCW 19.85.020.
Application—1995 c 403 ss 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.
Severability—Application—1994 c 249: See notes following RCW 34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Publication in Washington State Register: RCW 34.08.020.

catchline: Small business economic impact statement—Purpose—Contents.


title: RCW 19.85.050

text:
(1) Within one year after June 10, 1982, each agency shall publish and deliver to the office of financial management and to all persons who make requests of the agency for a copy of a plan to periodically review all rules then in effect and which have been issued by the agency which have an economic impact on more than twenty percent of all industries or ten percent of the businesses in any one industry. Such plan may be amended by the agency at any time by publishing a revision to the review plan and delivering such revised plan to the office of financial management and to all persons who make requests of the agency for the plan. The purpose of the review is to determine whether such rules should be continued without change or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize the economic impact on small businesses as described by this chapter. The plan shall provide for the review of all such agency rules in effect on June 10, 1982, within ten years of that date.
(2) In reviewing rules to minimize any significant economic impact of the rule on small businesses as described by this chapter, and in a manner consistent with the stated objectives of applicable statutes, the agency shall consider the following factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments received concerning the rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or conflicts with other state or federal rules, and, to the extent feasible, with local governmental rules; and
(e) The degree to which technology, economic conditions, or other factors have changed in the subject area affected by the rule.
(3) Each year each agency shall publish a list of rules which are to be reviewed pursuant to this section during the next twelve months and deliver a copy of the list to the office of financial management and all persons who make requests of the agency for the list. The list shall include a brief description of the legal basis for each rule as described by RCW 34.05.360, and shall invite public comment upon the rule.
[ 1989 c 175 s 74; 1982 c 6 s 5.]
Notes:
Effective date—1989 c 175: See note following RCW 34.05.010.

catchline: Agency plan for review of business rules—Scope—Factors applicable to review—Annual list.


title: RCW 19.85.061

text:
Unless so requested by a majority vote of the joint administrative rules review committee under RCW 19.85.030, an agency is not required to comply with this chapter when adopting any rule solely for the purpose of conformity or compliance, or both, with federal statute or regulations. In lieu of the statement required under RCW 19.85.030, the agency shall file a statement citing, with specificity, the federal statute or regulation with which the rule is being adopted to conform or comply, and describing the consequences to the state if the rule is not adopted.
[ 1995 c 403 s 404.]
Notes:
Application—1995 c 403 ss 201, 301-305, 401-405, and 801: See note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Compliance with federal law.


title: RCW 19.85.070

text:
When any rule is proposed for which a small business economic impact statement is required, the adopting agency must provide notice to small businesses of the proposed rule through:
(1) Direct notification of known interested small businesses or trade organizations affected by the proposed rule;
(2) Providing information of the proposed rule making to publications likely to be obtained by small businesses of the types affected by the proposed rule; and
(3) Posting on the agency website.
[ 2011 c 249 s 3; 1992 c 197 s 1.]

catchline: Small business economic impact statement—Notice of proposed rule.


title: RCW 19.86.010

text:
As used in this chapter:
(1) "Person" shall include, where applicable, natural persons, corporations, trusts, unincorporated associations and partnerships.
(2) "Trade" and "commerce" shall include the sale of assets or services, and any commerce directly or indirectly affecting the people of the state of Washington.
(3) "Assets" shall include any property, tangible or intangible, real, personal, or mixed, and wherever situate, and any other thing of value.
[ 1961 c 216 s 1.]


title: RCW 19.86.020

text:
Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful.
[ 1961 c 216 s 2.]
Notes:
Hearing instrument dispensing, advertising, etc.—Application: RCW 18.35.180.

catchline: Unfair competition, practices, declared unlawful.


title: RCW 19.86.023

text:
Any violation of RCW 15.86.030 shall also constitute a violation under RCW 19.86.020.
[ 1985 c 247 s 7.]

catchline: Violation of RCW 15.86.030 constitutes violation of RCW 19.86.020.


title: RCW 19.86.030

text:
Every contract, combination, in the form of trust or otherwise, or conspiracy in restraint of trade or commerce is hereby declared unlawful.
[ 1961 c 216 s 3.]
Notes:
Monopolies and trusts prohibited: State Constitution Art. 12 s 22.

catchline: Contracts, combinations, conspiracies in restraint of trade declared unlawful.


title: RCW 19.86.040

text:
It shall be unlawful for any person to monopolize, or attempt to monopolize or combine or conspire with any other person or persons to monopolize any part of trade or commerce.
[ 1961 c 216 s 4.]

catchline: Monopolies and attempted monopolies declared unlawful.


title: RCW 19.86.050

text:
It shall be unlawful for any person to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, or services, whether patented or unpatented, for use, consumption, enjoyment, or resale, or fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the lessee or purchaser thereof shall not use or deal in the goods, wares, merchandise, machinery, supplies, or other commodity or services of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for such sale or such condition, agreement, or understanding may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
[ 1961 c 216 s 5.]

catchline: Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when lessens competition.


title: RCW 19.86.060

text:
It shall be unlawful for any corporation to acquire, directly or indirectly, the whole or any part of the stock or assets of another corporation where the effect of such acquisition may be to substantially lessen competition or tend to create a monopoly in any line of commerce.
This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition. Nor shall anything contained in this section prevent a corporation from causing the formation of subsidiary corporations for the actual carrying on of their immediate lawful business, or the natural and legitimate branches or extensions thereof, or from owning and holding all or a part of the stock of such subsidiary corporations, when the effect of such formation is not to substantially lessen competition.
In addition to any other remedy provided by this chapter, the superior court may order any corporation to divest itself of the stock or assets held contrary to this section, in the manner and within the time fixed by said order.
[ 1961 c 216 s 6.]

catchline: Acquisition of corporate stock by another corporation to lessen competition declared unlawful—Exceptions—Judicial order to divest.


title: RCW 19.86.070

text:
The labor of a human being is not a commodity or article of commerce. Nothing contained in this chapter shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof.
[ 1961 c 216 s 7.]
Notes:
Labor regulations: Title 49 RCW.

catchline: Labor not an article of commerce—Chapter not to affect mutual, nonprofit organizations.


title: RCW 19.86.080

text:
(1) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, against any person to restrain and prevent the doing of any act herein prohibited or declared to be unlawful; and the prevailing party may, in the discretion of the court, recover the costs of said action including a reasonable attorney's fee.
(2) The court may make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired by means of any act herein prohibited or declared to be unlawful.
(3) Upon a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, the court may also make such additional orders or judgments as may be necessary to restore to any person in interest any moneys or property, real or personal, which may have been acquired, regardless of whether such person purchased or transacted for goods or services directly with the defendant or indirectly through resellers. The court shall exclude from the amount of monetary relief awarded in an action pursuant to this subsection any amount that duplicates amounts that have been awarded for the same violation. The court should consider consolidation or coordination with other related actions, to the extent practicable, to avoid duplicate recovery.
[ 2007 c 66 s 1; 1970 ex.s. c 26 s 1; 1961 c 216 s 8.]
Notes:
Effective date—2007 c 66: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 17, 2007]." [ 2007 c 66 s 3.]

catchline: Attorney general may restrain prohibited acts—Costs—Restoration of property.


title: RCW 19.86.085

text:
There is established a unit within the office of the attorney general for the purpose of detection, investigation, and prosecution of any act prohibited or declared to be unlawful under this chapter. The attorney general will employ supervisory, legal, and investigative personnel for the program, who must be qualified by training and experience. The attorney general is authorized to receive criminal history record information that includes nonconviction data for any purpose associated with the investigation of any person doing any act herein prohibited or declared to be unlawful under this chapter. Dissemination or use of nonconviction data for purposes other than that authorized in this section is prohibited.
[ 2008 c 74 s 7.]
Notes:
Finding—2008 c 74: See note following RCW 51.04.024.

catchline: Establishment of investigation unit—Receipt and use of criminal history information.


title: RCW 19.86.090

text:
Any person who is injured in his or her business or property by a violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or any person so injured because he or she refuses to accede to a proposal for an arrangement which, if consummated, would be in violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, may bring a civil action in superior court to enjoin further violations, to recover the actual damages sustained by him or her, or both, together with the costs of the suit, including a reasonable attorney's fee. In addition, the court may, in its discretion, increase the award of damages up to an amount not to exceed three times the actual damages sustained: PROVIDED, That such increased damage award for violation of RCW 19.86.020 may not exceed twenty-five thousand dollars: PROVIDED FURTHER, That such person may bring a civil action in the district court to recover his or her actual damages, except for damages which exceed the amount specified in RCW 3.66.020, and the costs of the suit, including reasonable attorney's fees. The district court may, in its discretion, increase the award of damages to an amount not more than three times the actual damages sustained, but such increased damage award shall not exceed twenty-five thousand dollars. For the purpose of this section, "person" includes the counties, municipalities, and all political subdivisions of this state.
Whenever the state of Washington is injured, directly or indirectly, by reason of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or 19.86.060, it may sue therefor in superior court to recover the actual damages sustained by it, whether direct or indirect, and to recover the costs of the suit including a reasonable attorney's fee.
[ 2009 c 371 s 1; 2007 c 66 s 2; 1987 c 202 s 187; 1983 c 288 s 3; 1970 ex.s. c 26 s 2; 1961 c 216 s 9.]
Notes:
Application—2009 c 371: "This act applies to all causes of action that accrue on or after July 26, 2009." [ 2009 c 371 s 3.]
Effective date—2007 c 66: See note following RCW 19.86.080.
Intent—1987 c 202: See note following RCW 2.04.190.
Short title—Purposes—1983 c 288: "This act may be cited as the antitrust/consumer protection improvements act. Its purposes are to strengthen public and private enforcement of the unfair business practices-consumer protection act, chapter 19.86 RCW, and to repeal the unfair practices act, chapter 19.90 RCW, in order to eliminate a statute which is unnecessary in light of the provisions and remedies of chapter 19.86 RCW. In repealing chapter 19.90 RCW, it is the intent of the legislature that chapter 19.86 RCW should continue to provide appropriate remedies for predatory pricing and other pricing practices which constitute violations of federal antitrust law." [ 1983 c 288 s 1.]

catchline: Civil action for damages—Treble damages authorized—Action by governmental entities.


title: RCW 19.86.093

text:
In a private action in which an unfair or deceptive act or practice is alleged under RCW 19.86.020, a claimant may establish that the act or practice is injurious to the public interest because it:
(1) Violates a statute that incorporates this chapter;
(2) Violates a statute that contains a specific legislative declaration of public interest impact; or
(3)(a) Injured other persons; (b) had the capacity to injure other persons; or (c) has the capacity to injure other persons.
[ 2009 c 371 s 2.]
Notes:
Application—2009 c 371: See note following RCW 19.86.090.

catchline: Civil action—Unfair or deceptive act or practice—Claim elements.


title: RCW 19.86.095

text:
In any proceeding in which there is a request for injunctive relief under RCW 19.86.090, the attorney general shall be served with a copy of the initial pleading alleging a violation of this chapter. In any appellate proceeding in which an issue is presented concerning a provision of this chapter, the attorney general shall, within the time provided for filing the brief with the appellate court, be served with a copy of the brief of the party presenting such issue.
[ 1983 c 288 s 5.]
Notes:
Short title—Purposes—1983 c 288: See note following RCW 19.86.090.

catchline: Request for injunctive relief—Appellate proceeding—Service on the attorney general.


title: RCW 19.86.100

text:
In the enforcement of this chapter, the attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of this chapter, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his or her principal place of business, or in Thurston county.
Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however, proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this chapter.
[ 2011 c 336 s 556; 1970 ex.s. c 26 s 3; 1961 c 216 s 10.]

catchline: Assurance of discontinuance of prohibited act—Approval of court—Not considered admission.


title: RCW 19.86.110

text:
(1) Whenever the attorney general believes that any person (a) may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate, which he or she believes to be relevant to the subject matter of an investigation of a possible violation of RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or 19.86.060, or federal statutes dealing with the same or similar matters that the attorney general is authorized to enforce, or (b) may have knowledge of any information which the attorney general believes relevant to the subject matter of such an investigation, he or she may, prior to the institution of a civil proceeding thereon, execute in writing and cause to be served upon such a person, a civil investigative demand requiring such person to produce such documentary material and permit inspection and copying, to answer in writing written interrogatories, to give oral testimony, or any combination of such demands pertaining to such documentary material or information: PROVIDED, That this section shall not be applicable to criminal prosecutions.
(2) Each such demand shall:
(a) State the statute and section or sections thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation;
(b) If the demand is for the production of documentary material, describe the class or classes of documentary material to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded;
(c) Prescribe a return date within which the documentary material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at which oral testimony is to be taken; and
(d) Identify the members of the attorney general's staff to whom such documentary material is to be made available for inspection and copying, to whom answers to written interrogatories are to be made, or who are to conduct the examination for oral testimony.
(3) No such demand shall:
(a) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum, a request for answers to written interrogatories, or a request for deposition upon oral examination issued by a court of this state; or
(b) Require the disclosure of any documentary material which would be privileged, or which for any other reason would not be required by a subpoena duces tecum issued by a court of this state.
(4) Service of any such demand may be made by:
(a) Delivering a duly executed copy thereof to the person to be served, or, if such person is not a natural person, to any officer or managing agent of the person to be served; or
(b) Delivering a duly executed copy thereof to the principal place of business in this state of the person to be served; or
(c) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at the principal place of business in this state, or, if said person has no place of business in this state, to his or her principal office or place of business.
(5)(a) Documentary material demanded pursuant to the provisions of this section shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person served, or at such other times and places as may be agreed upon by the person served and the attorney general;
(b) Written interrogatories in a demand served under this section shall be answered in the same manner as provided in the civil rules for superior court;
(c) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the same manner as provided in the civil rules for superior court for the taking of depositions. In the course of the deposition, the assistant attorney general conducting the examination may exclude from the place where the examination is held all persons other than the person being examined, the person's counsel, and the officer before whom the testimony is to be taken;
(d) Any person compelled to appear pursuant to a demand for oral testimony under this section may be accompanied by counsel;
(e) The oral testimony of any person obtained pursuant to a demand served under this section shall be taken in the county within which the person resides, is found, or transacts business, or in such other place as may be agreed upon between the person served and the attorney general.
(6) If, after prior court approval, a civil investigative demand specifically prohibits disclosure of the existence or content of the demand, unless otherwise ordered by a superior court for good cause shown, it shall be a misdemeanor for any person if not a bank, trust company, mutual savings bank, credit union, or savings and loan association organized under the laws of the United States or of any one of the United States to disclose to any other person the existence or content of the demand, except for disclosure to counsel for the recipient of the demand or unless otherwise required by law.
(7) No documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to a demand, or copies thereof, shall, unless otherwise ordered by a superior court for good cause shown, be produced for inspection or copying by, nor shall the contents thereof be disclosed to, other than an authorized employee of the attorney general, without the consent of the person who produced such material, answered written interrogatories, or gave oral testimony, except as otherwise provided in this section: PROVIDED, That:
(a) Under such reasonable terms and conditions as the attorney general shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and copying by the person who produced such material, answered written interrogatories, or gave oral testimony, or any duly authorized representative of such person;
(b) The attorney general may provide copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony to an official of this state, the federal government, or other state, who is charged with the enforcement of federal or state antitrust or consumer protection laws, if before the disclosure the receiving official agrees in writing that the information may not be disclosed to anyone other than that official or the official's authorized employees. The material provided under this subsection (7)(b) is subject to the confidentiality restrictions set forth in this section and may not be introduced as evidence in a criminal prosecution; and
(c) The attorney general or any assistant attorney general may use such copies of documentary material, answers to written interrogatories, or transcripts of oral testimony as he or she determines necessary in the enforcement of this chapter, including presentation before any court: PROVIDED, That any such material, answers to written interrogatories, or transcripts of oral testimony which contain trade secrets shall not be presented except with the approval of the court in which action is pending after adequate notice to the person furnishing such material, answers to written interrogatories, or oral testimony.
(8) At any time before the return date specified in the demand, or within twenty days after the demand has been served, whichever period is shorter, a petition to extend the return date for, or to modify or set aside a demand issued pursuant to subsection (1) of this section, stating good cause, may be filed in the superior court for Thurston county, or in such other county where the parties reside. A petition, by the person on whom the demand is served, stating good cause, to require the attorney general or any person to perform any duty imposed by the provisions of this section, and all other petitions in connection with a demand, may be filed in the superior court for Thurston county, or in the county where the parties reside. The court shall have jurisdiction to impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.
(9) Whenever any person fails to comply with any civil investigative demand for documentary material, answers to written interrogatories, or oral testimony duly served upon him or her under this section, or whenever satisfactory copying or reproduction of any such material cannot be done and such person refuses to surrender such material, the attorney general may file, in the trial court of general jurisdiction of the county in which such person resides, is found, or transacts business, and serve upon such person a petition for an order of such court for the enforcement of this section, except that if such person transacts business in more than one county such petition shall be filed in the county in which such person maintains his or her principal place of business, or in such other county as may be agreed upon by the parties to such petition. Whenever any petition is filed in the trial court of general jurisdiction of any county under this section, such court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry into effect the provisions of this section, and may impose such sanctions as are provided for in the civil rules for superior court with respect to discovery motions.
[ 2011 c 336 s 557; 1993 c 125 s 1; 1990 c 199 s 1; 1987 c 152 s 1; 1982 c 137 s 1; 1970 ex.s. c 26 s 4; 1961 c 216 s 11.]
Notes:
Rules of court: See Superior Court Civil Rules.

catchline: Demand to produce documentary materials for inspection, answer written interrogatories, or give oral testimony—Contents—Service—Unauthorized disclosure—Return—Modification, vacation—Use—Penalty.


title: RCW 19.86.115

text:
Whenever the attorney general receives documents or other material from:
(1) A federal agency, pursuant to its subpoena or Hart-Scott-Rodino authority; or
(2) Another state's attorney general, pursuant to that state's presuit investigative subpoena powers,
the documents or materials are subject to the same restrictions as and may be used for all the purposes set forth in RCW 19.86.110.
[ 1993 c 125 s 2.]

catchline: Materials from a federal agency or other state's attorney general.