Section 360-B. Application for registration  


Latest version.
  • Subject to the limitations set
      forth in this article, any person who uses a mark may file in the office
      of the secretary, in a manner complying with  the  requirements  of  the
      secretary,  an  application for registration of that mark setting forth,
      but not limited to, the following information:
        (a) the name and business address of  the  person  applying  for  such
      registration; and, if a corporation, the state of incorporation, or if a
      partnership,  the  state  in  which the partnership is organized and the
      names of the general partners, as specified by the secretary,
        (b) the goods or services on or in connection with which the  mark  is
      used  and  the  mode  or  manner  in  which  the  mark  is used on or in
      connection with such goods or services and the class in which such goods
      or services fall,
        (c) the date when the mark was first used anywhere and the  date  when
      it  was  first  used  in this state by the applicant or a predecessor in
      interest, and
        (d) a statement that the applicant is the owner of the mark, that  the
      mark  is  in use, and that, to the knowledge of the person verifying the
      application, no other person has registered, either federally or in this
      state, or has the right to use such mark either in  the  identical  form
      thereof  or  in  such  near  resemblance  thereto  as to be likely, when
      applied to the  goods  or  services  of  such  other  person,  to  cause
      confusion, or to cause mistake, or to deceive.
        The   secretary  may  also  require  a  statement  as  to  whether  an
      application to register the mark, or portions or  a  composite  thereof,
      has  been  filed  by  the  applicant or a predecessor in interest in the
      United States Patent and Trademark Office; and,  if  so,  the  applicant
      shall provide full particulars with respect thereto including the filing
      date  and  serial number of each application, the status thereof and, if
      any application was finally refused registration or  has  otherwise  not
      resulted in a registration, the reasons therefor.
        The  secretary  may also require that a drawing of the mark, complying
      with such requirements as  the  secretary  may  specify,  accompany  the
      application.
        The  application  shall be signed and verified by oath, affirmation or
      declaration subject to perjury laws by the applicant or by a  member  of
      the firm or an officer of the corporation or association applying.
        The  application  shall  be accompanied by three specimens showing the
      mark as actually used.
        The application shall be accompanied by the application fee payable to
      the secretary of state.