§ 360-C — Filing of applications

§ 360-c. Filing of applications. (a) Upon the filing of an application\nfor registration and payment of the application fee, the secretary may\ncause the application to be examined for conformity with this article.\n (b) The applicant shall provide any additional pertinent information\nrequested by the secretary including a description of a design mark and\nmay make, or authorize the secretary to make, such amendments to the\napplication as may be reasonably requested by the secretary or deemed by\nthe applicant to be advisable to respond to any rejection or objection.\n (c) The secretary may require the applicant to disclaim an\nunregistrable component of a mark otherwise registrable, and an\napplicant may voluntarily disclaim a component of a mark sought to be\nregistered. No disclaimer shall prejudice or affect the applicant's or\nregistrant's rights then existing or thereafter arising in the\ndisclaimed matter, or the applicant's or registrant's rights of\nregistration on another application if the disclaimed matter be or shall\nhave become distinctive of the applicant's or registrant's goods or\nservices.\n (d) Amendments may be made by the secretary upon the application\nsubmitted by the applicant upon applicant's agreement; or a fresh\napplication may be required to be submitted.\n (e) If the applicant is found not to be entitled to registration, the\nsecretary shall advise the applicant thereof and of the reasons\ntherefor. The applicant shall have a reasonable period of time specified\nby the secretary in which to reply or to amend the application, in which\nevent the application shall then be reexamined. This procedure may be\nrepeated until (1) the secretary finally refuses registration of the\nmark or (2) the applicant fails to reply or amend within the specified\nperiod, whereupon the application shall be deemed to have been\nabandoned.\n (f) If the secretary finally refuses registration of the mark, the\napplicant may commence a proceeding pursuant to article seventy-eight of\nthe civil practice law and rules for an order to compel such\nregistration. Such writ may be granted, but without costs to the\nsecretary, on proof that all the statements in the application are true\nand that the mark is otherwise entitled to registration.\n (g) In the instance of applications concurrently being processed by\nthe secretary seeking registration of the same or confusingly similar\nmarks for the same or related goods or services, the secretary shall\ngrant priority to the applications in order of filing. If a prior-filed\napplication is granted a registration, the other application or\napplications shall then be rejected. Any rejected applicant may bring an\naction for cancellation of the registration upon grounds of prior or\nsuperior rights to the mark, in accordance with the provisions of this\narticle.\n