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This entry was published on 2014-09-22
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SECTION 360-B
Application for registration
General Business (GBS) CHAPTER 20, ARTICLE 24
§ 360-b. Application for registration. 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.