W. Va. Code R. § 153-29-2

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-29-2 - Application for New Registration

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.

2.3. The applicant shall submit a complete application with all required attachments to the Secretary of State along with the fee prescribed in subdivision 7.1.a. of this rule.

W. Va. Code R. § 153-29-2