Free 635_0107.p65 - Iowa

MICHAEL A. MAURO Secretary of State State of Iowa

Application for Registration of Mark
One actual facsimile or specimen of mark must accompany this application

Pursuant to Iowa Code Chapter 548, the undersigned applies for registration of a trademark or service mark entitled to registration under this chapter in the state of Iowa. READ THE INSTRUCTIONS CAREFULLY BEFORE STARTING THE APPLICATION. All items must be completed before the application will be considered. Attach additional pages as needed to provide the requested information. Other documents or materials may also be attached to support the application.

1. Name of applicant: _______________________________________________________________________ 2. Business address of applicant: ______________________________________________________________ 3. The applicant is (check one): an individual a partnership a corporation other (please specify) ________________________

3a. If a corporation or other business entity, the state of incorporation or registration: ____ 3b. If the applicant is a partnership, the state in which the partnership is organized: _______________________ The names of the general partners: ______________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________

4. The type of business engaged in by the applicant: _______________________________________________ _________________________________________________________________________________________

5. Goods or services with which the proposed mark is to be attached: __________________________________ _________________________________________________________________________________________

6. The class number and title of the good or service (only one class per application): ______________________ 7. Manner in which the proposed mark will be used in conjunction with the good or service: ________________ _________________________________________________________________________________________

8.

A complete description of the mark: __________________________________________________________

_________________________________________________________________________________________ _________________________________________________________________________________________ _________________________________________________________________________________________
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(continued on the reverse)

9.

Any components of the mark which the applicant disclaims exclusive use: ___________________________

_________________________________________________________________________________________ _________________________________________________________________________________________

10. Date of first use by applicant or applicant's predecessor in interest (must be at least one time prior to this filing): In Iowa: ____________________________________________________________________________ Anywhere (specify where and the date): ___________________________________________________ 11. Has an application to register the mark, or portions or a composite of the mark, been filed in the United States Patent and Trademark Office by the applicant or a predecessor in interest? (check one): YES If "YES", please state: Date of filing: _____________________________________________________________________ Serial Number of application: _________________________________________________________ Status of application: _______________________________________________________________ Has application been refused?: Has otherwise not resulted in registration: YES YES NO NO NO

Reason: ______________________________________________________________________ 12. If the proposed mark has acquired a secondary meaning so that if the mark would otherwise be unregisterable, it could still be considered for registration, explain how the secondary meaning developed and attach any documents or evidence to support the existence of the secondary meaning. _______________________________________ ______________________________________________________________________________ _________________________________________________________________________________________

I certify under penalty of perjury and pursuant to the laws of the state of Iowa that the preceding is true and correct, that applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the applicant and 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 resemblance to the form as to be likely, when applied to the goods or services of such other person, to cause confusion or mistake, or to deceive. Signed ____________________________________________________ Date _________________________
NOTES: 1. The application fee is $10.00. Make checks payable to SECRETARY OF STATE 2. The information you provide will be open for public inspection under Iowa Code section 22.11

Title __________________________

SECRETARY OF STATE Business Services Division Lucas Building, 1st Floor Des Moines, IA 50319 Phone: (515) 281-5204 FAX: (515) 242-5953 or (515) 281-7142
635_0107 04/07

Website: www.sos.state.ia.us

MICHAEL A. MAURO Secretary of State State of Iowa

INSTRUCTIONS for Application for Registration of Mark

IT IS IMPORTANT that you read and understand these instructions before you begin to complete the application form. Failure to complete the form correctly or to provide all the requested information will result in the application being returned. If you have any questions please contact 515-281-5204.

All items must be completed before the application will be considered. If there is insufficient space on the form to provide all requested information, use additional pages as required, numbering to correspond to the item. Other documents or materials may be attached to the application. In such cases the material or documents should be referenced to the form and clearly marked for ease of identification.

Item 1 Print the name of the applicant. If the applicant is other than a natural person, the complete legal name of the business entity must be provided.

Item 2 Print the business address of the applicant.

Item 3 Check the box that describes the applicant. If "other" is checked, state the type of entity; for example "limited liability company." 3a If the applicant is a corporation or other business entity, print the name of the state in which the entity is incorporated or registered. 3b If the applicant is a partnership or limited partnership, print the name of the state under whose laws the partnership was organized, and the legal name of each of the general partners.

Item 4 Describe the type of business engaged in by applicant. Be as specific as possible; e.g. a company in the business of manufacturing and selling track mounted earth moving equipment; or a business to provide dental services to children.

Item 5 Describe the goods or services that will carry the proposed mark. Be as specific as possible. Do not just say "clothing," but indicate the type of clothing; e.g. boy's casual clothing, women's sportswear, women's jeans.

Item 6 Indicate the class number and the class title of goods or services that will carry the mark. This information can be found on the sheet accompanying the application form, or may be obtained from the Secretary of State by calling 515/281-5204. ONLY ONE CLASS MAY APPEAR ON THE APPLICATION. If multiple classes are sought, each class must appear on a separate application.

Item 7 Provide a brief description of the way applicant will use the proposed mark; e.g. as a slogan to introduce or promote the sports section of a TV news program, or as a logo to appear on product packaging. Be specific and include all ways the mark is intended to be used.

Item 8 Describe the proposed mark in sufficient detail such that a person who has not seen the mark would be able to comprehend what it looks like after reading the description. The description should include any colors which will be used, any specific fonts applied to words, or any specific designs, shapes or borders.
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Item 9 List any word, phrase, design or shape included in the proposed mark for which exclusive use is disclaimed or not being sought. Item 10 State the date the mark was first used in commerce in the state of Iowa. "In commerce" means such activities indicating an intent to use the mark continually followed by continuous use such as being used in advertisements for the good or service, being attached as a label to the goods, appearing on company vehicles, uniforms, packaging or stationary. If the mark has been used outside the state of Iowa, give the date of first use and the name of the state.

Item 11 If an application to register the proposed mark, any portion of the mark, or any composite including all or part of the proposed mark has been filed in the United States Patent and Trademark Office, this section must be completed.

Item 12 In reviewing the proposed mark, if the possibility exists that the mark may be rejected as descriptive or misdescriptive of the goods or service, the applicant may submit with the application such documentation or information to establish that the mark has acquired a "secondary meaning," i.e. that the public has come to associate the mark with a single source or producer.

*REMEMBER TO SIGN AND DATE THE APPLICATION ON THE BOTTOM OF THE 2ND PAGE.

NOTES: The application fee is $10.00. Make checks payable to SECRETARY OF STATE

SECRETARY OF STATE Business Services Division Lucas Building, 1st Floor Des Moines, IA 50319 Phone: (515) 281-5204 FAX: (515) 242-5953 or (515) 281-7142 Website: www.sos.state.ia.us

MICHAEL A. MAURO Secretary of State State of Iowa
721 - 40.6 (1)(548) Classification:

Registration and Protection of Marks
(Admin. Rule 721 - 40.6)

Pursuant to the authority of Chapter 548.103 and 548.110 Code of Iowa, the following rules are promulgated:

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 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Title Raw or partly prepared materials Receptacles Baggage, animal equipments, portfolio and pocketbooks Abrasives and polishing materials Adhesives Chemicals and chemical compositions Cordage Smokers' articles (not including tobacco prod.) Explosives, firearms, equipments and projectiles Fertilizers Inks and inking materials Construction materials Hardware and plumbing and steam-fitting supplies Metals and metal castings and forgings Oils and greases Paints and painters' materials Tobacco products Medicine and pharmaceutical preparations Vehicles Linoleum and oiled cloth Electrical apparatus, machines and supplies Games, toys and sporting goods Cutlery, machinery and tools, and parts thereof Laundry appliances and machines Locks and safes Measuring and scientific appliances Class 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. Title Horological instruments Jewelry and precious-metal ware Brooms, brushes and dusters Crockery, earthenware and porcelain Filters and refrigerators Furniture and upholstery Glassware Heating, lighting and ventilating apparatus Belting, hose, machinery packing and nonmetallic tires Musical instruments and supplies Paper and stationery Prints and publications Clothing Fancy goods, furnishings and notions Canes, parasols and umbrellas Knitted, netted and textile fabrics, and substitutes thereof Thread and yarn Dental, medical and surgical appliances Soft drinks and carbonated waters Foods and ingredients of foods Wines Malt beverages and liquors Distilled alcoholic liquors Merchandise not otherwise classified Cosmetics and toilet preparations Detergents and soaps

SERVICES
100. 101. 102. 103. Miscellaneous Advertising and Business Insurance and Financial Construction and Repair 104. 105. 106. 107. Communication Transportation and Storage Material Treatment Education and Entertainment

40.6 (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.

40.6 (3) Incomplete or defective applications.
An application will not be filed unless the application and accompanying fascimiles or specimens are in proper form, comply with the statutory requirements and are accompanied by the statutory fee. Specimens which are metal need not be submitted, a fascimile being preferable in order to avoid filing problems. Documents not filed will be returned with a statement of the reason therefor.

40.6 (4) Registration dates.
The registration date is the date on which the mark is actually posted in the registration indices of the office of the secretary of state, after the application has been examined and found acceptable.

40.6 (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.

40.6 (6) Withdrawal of application.
Prior to actual registration of the mark, the applicant, by written request, may withdraw the application.

40.6 (7) Plurality of goods in a 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 these 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.

40.6 (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.

40.6 (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, 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.

40.6 (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.

40.6 (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.

40.6 (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. SECRETARY OF STATE Business Services Division Lucas Building, 1st Floor Des Moines, IA 50319 Phone: (515) 281-5204 FAX: (515) 242-5953 or (515) 281-7142 Website: www.sos.state.ia.us