West Virginia Code of State Rules › Agency 153 - Secretary Of State › Title 153 - LEGISLATIVE RULE SECRETARY OF STATE › Series 153-29 - Trademarks And Service Marks › Section 153-29-2 - Application for New Registration

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. An applicant shall apply for a new
				registration of a trademark or service mark not previously registered in the
				state on the form issued by the Secretary of State.
2.2. The application shall include the
				following:
2.2.a. A statement that the
				application is for a new registration of a trademark or service mark not
				previously registered;
2.2.b. The
				name of the applicant;
2.2.c. The
				business address of the applicant, which shall be an address at which mail can
				be received;
2.2.d. The state in
				which the corporation or partnership is organized if the applicant is a
				corporation or partnership;
2.2.e.
				The names of the general partners if the applicant is a partnership;
2.2.f. The type of goods or services on or in
				connection with which the trademark or service mark is used, including whether
				the use relates to goods or to services, a description of the goods or
				services, the mode or manner in which the mark is used, and the class of those
				good or services, as defined in section 6 of this rule;
2.2.g. Whether the trademark or service mark
				for which the application is made consists of a graphic symbol only, a graphic
				symbol including words or letters, words or letters in a specific typography,
				or words or letters only, without regard to typography;
2.2.h. A brief description of the trademark
				or service mark;
2.2.i. The date on
				which the trademark or service mark was first used in connection with a product
				or service anywhere, and the date on which the mark was first used in
				connection with a product or service in West Virginia;
2.2.j. A black and white drawing or
				representation of the trademark or service mark, which shall be placed on the
				standardized Attachment 1 of the application, labeled with the name of the
				applicant;
2.2.j.1. The representation shall
				be enlarged or reduced so that the longer dimension of the mark is no less that
				five inches and no more than six inches; and
2.2.j.2. If the applicant desires to
				designate specific colors in which the mark will appear, the applicant shall
				supply an additional copy labeled Attachment 1A with the areas of color
				labeled.
2.2.k. Three
				specimens showing the trademark or service mark as actually used, which shall
				be attached and marked Attachments 2, 3, and 4, respectively;
2.2.k.1. The specimens of the mark shall be
				two dimensional (flat), no larger than a standard 8 2 by 11 inch page, and if
				smaller, shall be attached to a standard page.
2.2.k.2. The specimens may be actual samples
				of items in use if those samples are flat and no larger than specified in this
				subdivision, such as letterhead, labels, printed advertising or other similar
				items.
2.2.k.3. The specimens may
				be submitted as clear photographs or copies of photographs showing the item as
				it is used, but any photograph shall show all or substantially all of the item
				on which the mark is used.
2.2.k.4.
				If more than one classification of use is listed in the application, at least
				one speci-men should be included for each class, with a minimum total number of
				three specimens.
2.2.l.
				Whether an application to register the trademark or service mark, or portions
				or a composite of the mark has been filed by the same applicant or a
				predecessor in interest with the United States Patent and Trademark Office. If
				the mark has been filed, the applicant shall give the date filed, the serial
				number of the registration, if any, and whether the application is pending,
				approved and the date approved, or refused and the reason for
				refusal;
2.2.m. A statement that
				the applicant is the owner of the trademark or service mark for which the
				application is made, that the mark is in use, that to the applicant's
				knowledge, no other person has registered the mark, either federally or in the
				state, or has the right to use the mark either in the identical form thereof or
				in such near resemblance to it as to be likely, when applied to the goods or
				services of that person, to cause confusion or to cause mistake or to deceive,
				and that the information contained in the application is true to the best of
				the applicant's knowledge; and
2.2.n. The date, name, title and signature of
				the applicant, acknowledged before a notary public.