A person using a mark may apply to register it, but the application must meet the secretary’s requirements and include specified information, verification, specimens, and the fee.
81-204. Application for registration. (a) Subject to the limitations set forth in this act, 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: (1) The name and business address of the person applying for such registration; if a corporation, limited liability company, limited partnership, limited liability partnership or other business entity, the state of organization; and if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary; (2) 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; (3) 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 (4) 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 or in such near resemblance to such mark 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 of such mark, has been filed by the applicant or a predecessor in interest in the United States patent and trademark office. If such application has been filed in the United States patent and trademark office, the applicant shall provide full particulars with respect to such filing including the filing date and serial number of each application, the status of such filing and, if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for such refusal. (b) The secretary may also require that a drawing of the mark, complying with such requirements as the secretary may specify, accompany the application. (c) 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. (d) The application shall be accompanied by three specimens showing the mark as actually used. (e) The application shall be accompanied by the application fee payable to the secretary of state. History: L. 1999, ch. 85, § 4; July 1.