This text of Iowa § 548.104 (Filing of applications) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.Upon the filing of an application for registration and payment of the application fee,
the secretary may cause the application to be examined for conformity with this chapter.
2.The applicant shall provide any additional pertinent information requested by the
secretary including a description of a design mark and may make, or authorize the secretary
to make, such amendments to the application as may be reasonably requested by the
secretary or deemed by the applicant to be advisable to respond to any rejection or objection.
3.The secretary may require the applicant to disclaim an unregisterable component of
a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a
mark sought to be registered. A disclaimer shall not prejudice or affect the applicant’s or
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1. Upon the filing of an application for registration and payment of the application fee,
the secretary may cause the application to be examined for conformity with this chapter.
2. The applicant shall provide any additional pertinent information requested by the
secretary including a description of a design mark and may make, or authorize the secretary
to make, such amendments to the application as may be reasonably requested by the
secretary or deemed by the applicant to be advisable to respond to any rejection or objection.
3. The secretary may require the applicant to disclaim an unregisterable component of
a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a
mark sought to be registered. A disclaimer shall not prejudice or affect the applicant’s or
registrant’s rights existing at or after the time of disclaimer arising in the disclaimed matter,
or the applicant’s or registrant’s rights of registration on another application if the disclaimed
matter is or becomes distinctive of the applicant’s or registrant’s goods or services.
4. Amendments may be made by the secretary upon the application submitted by the
applicant upon the applicant’s agreement, or the secretary may require a new application to
be submitted.
5. If the applicant is found not to be entitled to registration, the secretary shall advise the
applicant thereof and of the reasons therefor. The applicant shall have a reasonable period of
time specified by the secretary in which to reply or to amend the application, in which event
the application shall be reexamined. This procedure may be repeated until the secretary
finally refuses registration of the mark or the applicant fails to reply or amend within the
specified period, whereupon the application shall be deemed to have been abandoned.
6. If the secretary finally refuses registration of the mark, the applicant may seek judicial
review of the refusal in accordance with chapter 17A.
7. Ifthesecretaryisconcurrentlyprocessingapplicationsseekingregistrationofthesame
or confusingly similar marks for the same or related goods or services, the secretary shall
grant priority to the applications in order of filing. If an application filed earlier is granted a
registration, a later application shall be rejected. Any rejected applicant may bring an action
for cancellation of the registration upon grounds of prior or superior rights to the mark, in
accordance with the provisions of section 548.109.