§ 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:

(a) 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;

(b) If the registrant is an entity, the form of entity and the jurisdiction under
the law of which the entity is formed;

(c) If the registrant is an individual, the individual's principal address;

(d) If the registrant is an entity other than a reporting entity, the entity's
principal address;

(e) 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:

(I) 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

(II) 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;

(f) If the trademark is a standard character trademark, the characters
constituting the trademark;

(g) If the trademark is a special form trademark, a description of the
attached drawing;

(h) 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;

(i) A description of the attached specimen sufficient to identify the nature of
the specimen;

(j) The date of first use in commerce of the trademark in this state by the
registrant or the registrant's predecessor in interest; and

(k) That the registrant is currently using the trademark in commerce in this
state and that the registrant believes, in good faith, that:

(I) 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

(II) 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.

Legislative History

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.