§ 360-B — Application for registration

New York § 360-B

• Jurisdiction: New York
• Law GBS: General Business
• Art. 24: Trademarks

Text

§ 360-b. Application for registration. Subject to the limitations set\nforth in this article, any person who uses a mark may file in the office\nof the secretary, in a manner complying with the requirements of the\nsecretary, an application for registration of that mark setting forth,\nbut not limited to, the following information:\n (a) the name and business address of the person applying for such\nregistration; and, if a corporation, the state of incorporation, or if a\npartnership, the state in which the partnership is organized and the\nnames of the general partners, as specified by the secretary,\n (b) the goods or services on or in connection with which the mark is\nused and the mode or manner in which the mark is used on or in\nconnection with such goods or services and the class in which such goods\nor services fall,\n (c) the date when the mark was first used anywhere and the date when\nit was first used in this state by the applicant or a predecessor in\ninterest, and\n (d) a statement that the applicant is the owner of the mark, that the\nmark is in use, and that, to the knowledge of the person verifying the\napplication, no other person has registered, either federally or in this\nstate, or has the right to use such mark either in the identical form\nthereof or in such near resemblance thereto as to be likely, when\napplied to the goods or services of such other person, to cause\nconfusion, or to cause mistake, or to deceive.\n The secretary may also require a statement as to whether an\napplication to register the mark, or portions or a composite thereof,\nhas been filed by the applicant or a predecessor in interest in the\nUnited States Patent and Trademark Office; and, if so, the applicant\nshall provide full particulars with respect thereto including the filing\ndate and serial number of each application, the status thereof and, if\nany application was finally refused registration or has otherwise not\nresulted in a registration, the reasons therefor.\n The secretary may also require that a drawing of the mark, complying\nwith such requirements as the secretary may specify, accompany the\napplication.\n The application shall be signed and verified by oath, affirmation or\ndeclaration subject to perjury laws by the applicant or by a member of\nthe firm or an officer of the corporation or association applying.\n The application shall be accompanied by three specimens showing the\nmark as actually used.\n The application shall be accompanied by the application fee payable to\nthe secretary of state.\n