Registration Of Trademark Or Service Marks {TM 100} | Pdf Fpdf Docx | California

 California   Secretary Of State   Trademarks And Service Marks 
Registration Of Trademark Or Service Marks {TM 100} | Pdf Fpdf Docx | California

Last updated: 6/24/2019

Registration Of Trademark Or Service Marks {TM 100}

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Description

TM-100 - Instructions (REV 0/2019) 2019 California Secretary of State bizfile.sos.ca.gov Instructions for Completing the Trademark / Service Mark - Application for Registration (Form TM-100) To protect your trademark/service mark that is used in California, you must file a Trademark / Service Mark Application for Registration (Form TM-100) with the California Secretary of State. Duration of a registration of Trademark or Service Mark is five (5)years. The registration is active for five (5) years from the date filed by the Secretary of State. Within six (6) months of theend of five (5) years, the mark may be renewed for another five (5) years. The mark may be renewed every five (5) years as longas the mark is in continual use. A trademark is any words, names, symbols or devices, or any combination thereof, used to distinguish a good or productfrom those manufactured or sold by others.A service mark is any words, names, symbols or devices, or any combination thereof, used to identify and distinguishservices from those services provided by others. Registration of the mark in and of itself does not guarantee exclusive ownership of a mark. To ensure that all issues are considered and addressed appropriately, you should consult with private legal counsel. To register your Trademark or Service Mark in California (Checklist): You must be using the mark in commerce in California.If the mark is merely descriptive (i.e. the mark describes an ingredient, quality, characteristic, function, feature,purpose or use of the goods or services), it may not be registerable.You must complete a separate Application if the mark is both a Trademark and a Service Mark.You must have a drawing of your mark on an 8 275224 x 11224 sheet of paper.If any part of your mark is not in English, you must submit a certified translation in English.You must have Three (3) Identical (three of the same) Specimens that show the mark in use in commerce. If theApplication is signed by an individual on behalf of the Owner (Registrant), you must include a copy of the agreementsigned by the Owner (Registrant) authorizing the individual to sign the Application on behalf of the Owner(Registrant).Include filing fee(s) of $70.00 per classification code. If more than one classification code is listed, then a $70.00filing fee is required for each classification. Fees: $70.00 per Classification Code Copies: Upon filing, we will return one (1) plain copy of your filed Application for Registration for free and will certify the copy upon request and payment of a $5 certification fee. To obtain additional copies or certified copies of the filed Application of Registration, include payment for copy fees and certification fees at the time the Application for Registration is submitted. Additional copy fees are $1.00 for the first page and $.50 for each attachment page. For certified copies, there is an additional $5.00 certification fee, per copy. In addition to the copy, you will receive a one-time Certificate of Registration of Trademark/Service Mark. Payment Type: Check(s) or money orders should be made payable to the Secretary of State. Do not send cash by mail. If submitting the document in person in our Sacramento office, payment also may be made by credit card (Visa or ). If you are not completing this form online, please type or legibly print in black or blue ink. Complete the Application for Registration (Form TM-100) as follows: Item Instruction Filing Tips 1. Check the appropriate box: Trademark or Service Mark A trademark is any words, names, symbols ordevices, or any combination thereof, used todistinguish a good or product from those manufacturedor sold by others.A service mark is any words, names, symbols ordevices, or any combination thereof, used to identifyand distinguish services from those services providedby others.Trademarks and service marks must be filed onseparate Applications. They require separate fees andsubmittal of separate specimens. 2. Enter information related to the Owner (Registrant) of the Mark 2.a.Enter the complete name of Owner (Registrant). If the owner of the mark is an entity, use the completename of the entity.If the owner of the mark is an entity, the entity structuremust match in Item 3. American LegalNet, Inc. www.FormsWorkFlow.com TM-100 - Instructions (REV 0/2019) 2019 California Secretary of State bizfile.sos.ca.gov 2.b.Enter the complete business address, city, state and zip code of the Owner (Registrant). The complete business address is required, includingthe street name and number, city, state and zip code.Do not abbreviate the name of the city.A post office box address is acceptable. 2.c.The Declaration of Ownership is required. Do not alter. This declaration is required by law and must not bealtered. 3. Identify the business structure of the (Owner) Registrant by checking the appropriate box. If the Owner (Registrant) is a corporation,limited liability company, limited partnership orgeneral partnership, list the state or countryof origin.If none of the boxes apply, check the box:Other and describe. If the owner of the mark is an entity, the entity structure must be consistent with the entity name in Item 2.a.(i.e., if the business structure listed in Item 3 is aCorporation, Limited Liability Company, LimitedPartnership, or General Partnership, the name of thebusiness entity must be listed as the owner orregistrant in Item 2.a.) 4. Enter the name(s) of the general partner(s), if the Owner (Registrant) is a limited partnership. 5. If the mark is words without a design, list only those words. If the mark is words and a design, provide the words and a brief written description of the design. If the mark is a design only, provide a brief written description of the design in the space provided without making any reference to the specimens. Drawing Page: Submit a drawing of your mark on an 8 275224 x 11224 sheet of paper with your Application. A drawing is a visual representation of the mark. Do not include phrases or designs that are not included in Item 5. The drawing can be hand written, hand drawn, or computer generated. If your mark is a 223word mark,224 list only those words on the 8 275 x 11224 sheet of paper. Do not paste, tape, or staple a specimen in Item 5.If the mark or any part of the mark is not in English,you must submit a certified translation in English withyour application. You may wish to consult the followingwebsites for assistance with a certified translation:oooAmerican Translators Association atwww.atanet.org/If a name and design are used together and constituteone complete mark, they may be filed on the sameapplication.If a name and design are used separately, as twoseparate marks, then two separate applications withseparate fees and two sets of specimens must besubmitted.If the mark is merely descriptive (i.e. the markdescribes an ingredient, quality, characteristic,function, feature, purpose or use of the goods orservices) it may not be registerable. 6. If your mark includes a design element, using the Design Search Code Manual developed by the U.S. Patent and Trademark Office, include the appropriate design code(s) that describe your design element. Include the design code(s) that relate to the significantelements of the design as represented on the drawingpage.Do not include a design code for marks containing onlywords.If you do not provide a design code, one or moredesign codes will be assigned by the CaliforniaSecretary of State upon review and filing. 7. Disclaimer 226 if the mark includes a descriptive word or design, it must be disclaimed. A disclaimer is an acknowledgment by the registrantthat words included within the mark are 223merelydescriptive224 and may not be owned by anyone. (i.e., ifthe applied for mark is 223Westside Dry-Cleaning224 anddry-cleaning is listed as the services provided in Item9.a., the words 223Dry-Cleaning224 must be disclaimed. 8.a.Enter the date the mark was first used anywhere. The date the Mark was first used anywhere must bethe same or earlier than the date the Mark was firstused in California. 8.b. Enter the date the mark was first used in California. If this date is the same as Item 8

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