§ 40-1-104 — Examination of application; amendment of application

(a) 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 act.
(b) 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.
(c) 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. No disclaimer shall prejudice or affect the
applicant's or registrant's rights then existing or thereafter
arising in the disclaimed matter, or the applicant's or
registrant's rights of registration on another application if
the disclaimed matter be or shall have become distinctive of the
applicant's or registrant's goods or services.
(d) Amendments may be made by the secretary upon the
application submitted by the applicant upon the applicant's
agreement or a fresh application may be required to be
submitted.
(e) If the applicant is found not to be entitled to
registration, the secretary shall advise the applicant of the
reasons. 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 then be
reexamined. This procedure may be repeated until (A) the
secretary finally refuses registration of the mark or (B) the
applicant fails to reply or amend within the specified period,
whereupon the application shall be deemed to have been
abandoned.