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This entry was published on 2014-09-22
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SECTION 360-C
Filing of applications
General Business (GBS) CHAPTER 20, ARTICLE 24
§ 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.