§ 7-70-102. Statement of Trademark Registration

1. A person who adopts and makes use in commerce of a trademark in this state may deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement of trademark registration to which a specimen and, if the trademark is a special form trademark, a drawing is attached.
2. A statement of trademark registration shall state:
   1. The true name of the registrant or, in the case of a general partnership that is not a limited liability partnership, the true name of at least one general partner of the general partnership;
   2. If the registrant is an entity, the form of entity and the jurisdiction under the law of which the entity is formed;
   3. If the registrant is an individual, the individual’s principal address;
   4. If the registrant is an entity other than a reporting entity, the entity’s principal address;
   5. If the registrant is neither an individual resident of this state nor an entity that is required to maintain a registered agent pursuant to part 7 of article 90 of this title, either of the following:
      1. If the registrant desires to appoint a registered agent pursuant to section 7-70-108, the registered agent name, the registered agent address, and a statement that the person appointed as the registered agent for the registrant has consented to being so appointed; or
      2. The mailing address to which service of process in any proceeding based on a cause of action with respect to the statement of trademark registration may be mailed pursuant to section 7-70-108;
   6. If the trademark is a standard character trademark, the characters constituting the trademark;
   7. If the trademark is a special form trademark, a description of the attached drawing;
   8. A detailed description of the goods or services in connection with which the trademark is used and the class into which such goods or services fall;
   9. A description of the attached specimen sufficient to identify the nature of the specimen;
   10. The date of first use in commerce of the trademark in this state by the registrant or the registrant’s predecessor in interest; and
   11. That the registrant is currently using the trademark in commerce in this state and that the registrant believes, in good faith, that:
       1. The registrant has the right to use the trademark in connection with the goods or services listed pursuant to paragraph (h) of this subsection (2); and
       2. The registrant’s use of the trademark does not infringe the rights of any other person in that trademark.
3. A statement of trademark registration shall not state a delayed effective date.

Source: L. 2006: Entire article R&RE, p. 110, § 1, effective May 29, 2007. L. 2007: (2)(c) and (2)(d) amended, p. 225, § 12, effective May 29. L. 2009: (2)(a) amended, (HB 09-1248), ch. 252, p. 1131, § 9, effective May 14.

Editor’s note: This section is similar to former § 7-70-102 as it existed prior to 2006.