Section 360-C. Filing of applications

(a) Upon the filing of an application
  for  registration  and payment of the application fee, the secretary may
  cause the application to be examined for conformity with this article.
    (b) The applicant shall provide any additional  pertinent  information
  requested  by the secretary including a description of a design mark and
  may make, or authorize the secretary to make,  such  amendments  to  the
  application as may be reasonably requested by the secretary or deemed by
  the applicant to be advisable to respond to any rejection or objection.
    (c)   The   secretary   may  require  the  applicant  to  disclaim  an
  unregistrable  component  of  a  mark  otherwise  registrable,  and   an
  applicant  may  voluntarily  disclaim a component of a mark sought to be
  registered. No disclaimer shall prejudice or affect the  applicant's  or
  registrant's   rights   then  existing  or  thereafter  arising  in  the
  disclaimed  matter,  or  the  applicant's  or  registrant's  rights   of
  registration on another application if the disclaimed matter be or shall
  have  become  distinctive  of  the  applicant's or registrant's goods or
  services.
    (d) Amendments may be made  by  the  secretary  upon  the  application
  submitted  by  the  applicant  upon  applicant's  agreement;  or a fresh
  application may be required to be submitted.
    (e) If the applicant is found not to be entitled to registration,  the
  secretary  shall  advise  the  applicant  thereof  and  of  the  reasons
  therefor. The applicant shall have a reasonable period of time specified
  by the secretary in which to reply or to amend the application, in which
  event the application shall then be reexamined.  This procedure  may  be
  repeated  until  (1)  the  secretary finally refuses registration of the
  mark or (2) the applicant fails to reply or amend within  the  specified
  period,   whereupon  the  application  shall  be  deemed  to  have  been
  abandoned.
    (f) If the secretary finally refuses registration  of  the  mark,  the
  applicant may commence a proceeding pursuant to article seventy-eight of
  the   civil  practice  law  and  rules  for  an  order  to  compel  such
  registration.   Such writ may be  granted,  but  without  costs  to  the
  secretary,  on proof that all the statements in the application are true
  and that the mark is otherwise entitled to registration.
    (g) In the instance of applications concurrently  being  processed  by
  the  secretary  seeking  registration of the same or confusingly similar
  marks for the same or related goods or  services,  the  secretary  shall
  grant priority to the applications in order of filing.  If a prior-filed
  application   is  granted  a  registration,  the  other  application  or
  applications shall then be rejected. Any rejected applicant may bring an
  action for cancellation of the registration upon  grounds  of  prior  or
  superior  rights  to the mark, in accordance with the provisions of this
  article.