Iowa Administrative Code › Agency 721 - Secretary of State › Division IV - Corporations › Chapter 40 - Corporations › Rule 721-40.5 - Registration and Protection of Marks

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Classification.
The following general classes of goods and services are established, but do
										not limit or extend the applicant's or registrant's rights, and a single application for registration of a
										mark may include any or all goods upon which, or services with which, the mark is actually being used
										comprised in a single class, but in no event shall a single application include goods or services upon which
										the mark is being used which fall within different classes of goods or services.
The said classes are as follows:
GOODS
Class
Title
1
Raw or partly prepared materials
2
Receptacles
3
Baggage, animal equipments, portfolio, and
																		 pocketbooks
4
Abrasives and polishing materials
5
Adhesives
6
Chemicals and chemical compositions
7
Cordage
8
Smokers' articles, not including tobacco
																		 products
9
Explosives, firearms, equipments, and
																		 projectiles
10
Fertilizers
11
Inks and inking materials
12
Construction materials
13
Hardware, plumbing, and steam-fitting supplies
14
Metals and metal castings and forgings
15
Oils and greases
16
Paints and painters' materials
17
Tobacco products
18
Medicines and pharmaceutical preparations
19
Vehicles
20
Linoleum and oiled cloth
21
Electrical apparatus, machines, and supplies
22
Games, toys, and sporting goods
23
Cutlery, machinery, and tools, and parts
																		 thereof
24
Laundry appliances and machines
25
Locks and safes
26
Measuring and scientific appliances
27
Clocks, watches, and other horological
																		 instruments
28
Jewelry and precious-metal ware
29
Brooms, brushes, and dusters
30
Crockery, earthenware, and porcelain
31
Filters and refrigerators
32
Furniture and upholstery
33
Glassware
34
Heating, lighting, and ventilating apparatus
35
Belting, hose, machinery packing, and nonmetallic
																		 tires
36
Musical instruments and supplies
37
Paper and stationery
38
Prints and publications
39
Clothing
40
Fancy goods, furnishings, and notions
41
Canes, parasols, and umbrellas
42
Knitted, netted, and textile fabrics, and substitutes
																		 thereof
43
Thread and yarn
44
Dental, medical, and surgical appliances
45
Soft drinks and carbonated waters
46
Foods and ingredients of foods
47
Wines
48
Malt beverages and liquors
49
Distilled alcoholic liquors
50
Cosmetics and toilet preparations
51
Detergents and soaps
52
Digital products and software applications
53
Goods not otherwise classified
SERVICES
Class
Title
100
Services not otherwise classified
101
Advertising and business
102
Insurance and financial
103
Construction, maintenance, and repair
104
Communication
105
Transportation and storage
106
Material treatment, recycling, and waste
																		 disposal
107
Education and entertainment
108
Software as a service
109
Medical
110
Hair and cosmetic
111
Restaurant and bar
112
Real estate sales and property management
113
Retail sales
(2)
Assistance in applications.
The secretary of state cannot give legal advice as to the nature
										and extent of the protection afforded by law nor advise as to the registrability of a specific mark except as
										questions may arise in connection with pending applications.
(3)
Incomplete or defective applications.
An application will not be filed unless the
										application and accompanying facsimiles or specimens are in proper form, comply with the statutory
										requirements and are accompanied by the fee established by rule. Specimens which are metal need not be
										submitted, a facsimile being preferable in order to avoid filing problems. Documents not filed will be
										returned with a statement of the reasons therefor.
(4)
Registration dates.
The registration date is the date the registration application is
										stamped received by the office of the secretary of state, if, after the application has been examined, it is
										allowed for registration.
(5)
Form of
										application.
The application shall be on a current form supplied by the secretary of state, be
										completed in the English language and plainly written or typed. If the mark or any part thereof is not in the
										English language, it must be accompanied by a sworn translation.
(6)
Withdrawal of application.
Prior to actual
										registration of the mark, the applicant, by written request, may withdraw the application.
(7)
Plurality of goods in single application.
A single
										application may recite a plurality of goods, or a plurality of services, comprised in a single class,
										provided the particular identification of each of the goods or services be stated and the mark is used or has
										been actually used on or in connection with all of the goods or in connection with all of the services
										specified.
(8)
Single class in one application.
A single application to register a mark for both goods and services or for goods or services in different
										classes will be rejected. Applications must be restricted to goods or services comprised in a single
										class.
(9)
Conflicts.
Whenever application is
										made for registration of a mark or trade name which so resembles a mark registered in this state or a mark
										previously used in this state by another and not abandoned, so as to be likely, when applied to the goods or
										services of the applicant, to cause confusion or mistake or to deceive, a conflict shall be declared to exist
										and registration denied.
(10)
Conflicts between
										applications.
Conflicts between pending applications will be resolved on the basis of the claimed
										date of first use. The secretary of state may require affidavits and other proof of first use.
(11)
Record change on automatic transfer.
In the event of
										mergers or consolidations of corporations, a certified copy of such documents may be accepted to transfer
										ownership of marks.
If the name of the owner of record of a mark is changed, and request for
											  a change of the records is made, then written proof of such change can be made by sworn affidavit showing the
											  manner or mode by which the change of ownership was made.
(12)
Change of address.
If the registered owner of a mark
										changes the address set forth on the registration, then written notice of such change of address must be
										given to the secretary of state. Such notice must clearly identify the mark or marks involved and must
										request that the change of address be noted on the records of the registration on file.