SEC. 75-25-5. Application for registration.

[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] Subject to the limitations set forth in this chapter, any person who adopts and uses a mark 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 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;

(b) The names or a description of the goods or services in connection with which the mark is used and the mode or manner in which the mark is used 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 his predecessor in business;

(d) A statement that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor; and

(e) A statement that no other person has a registration of the same or similar mark in the United States Patent Office for the same or similar goods or services or a statement that applicant is the owner of a concurrent registration in the United States Patent Office of his mark covering an area including this state.

The application shall be signed and verified 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 a specimen or facsimile of such mark in triplicate.

The application for registration shall be accompanied by a filing fee of Twenty-five Dollars ($25.00) for resident applicants, and Thirty-five Dollars ($35.00) for nonresident applicants, payable to the Secretary of State.

[From and after January 1, 1997, this section will be entitled: "Application for registration; requirements.", and will read as follows:] Subject to the limitations set forth in this chapter, 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 or other entity, the state in which the entity is organized and the names of the general partners, owners and/or managers, 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 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 (3) specimens showing the mark as actually used.

The application shall be accompanied by the application fee payable to the Secretary of State.

SOURCES: Codes, 1942, Sec. 4227-03; Laws, 1938, ch. 159; 1952, ch. 338, Sec. 3; 1971, ch. 437, Sec. 3; 1981, ch. 431, Sec. 4; 1985, ch. 381, Sec. 7, eff from and after July 1, 1985. Laws, 1996, ch. 402, Sec. 3, eff from and after January 1, 1997