Kansas > Secretary Of State > Business Entities > Trade-Mark - Service-Mark
Trademark Application TMA - Kansas
| Trademark Application Form. This is a Kansas form and can be used in Trade-Mark - Service-Mark Business Entities Secretary Of State . |
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TMA 58-01 kansas secretary of state Trademark Application Instructions The following form must be complete and accompanied by the correct filing fee or the document will not be accepted for filing. Kansas Office of the Secretary of State: Memorial Hall, 1st Floor 120 S.W. 10th Avenue Topeka, KS 66612-1594 (785) 296-4564 kssos@sos.ks.gov www.sos.ks.gov Stay up-to-date on your trademark or service mark status, expiration date, and contact address at www.sos.ks.gov. o o Filing fee Payment The filing fee for the application is $40. Please enclose a check or money order payable to the Secretary of State. Forms received without the appropriate fee will not be accepted for filing. Please do not send cash. NOTICE: There is a $25 service fee for all checks returned by your financial institution. Also, to expedite processing, please do not use staples on your documents or to attach checks. Complete the applicant's name and address. The applicant may be an individual, company, association, union, or other organization. Specify both number and class designation for the mark. At least one classification is required. See attached regulation. Submit three different samples of the mark. From the U.S. Patent and Trademark Office: "Usually, a specimen for a mark used on goods shows the actual goods, or labeling or packaging for the goods. For example, your specimen may be a tag or label displaying the mark, or a photograph showing the mark on the goods or packaging. The specimen may not be a "mock-up" of these items but must be a sample of what you actually use." The specimens must be flat and no longer than 8½ x 12 inches. (ex: a label or photograph of packaging) Unless earlier cancelled, a trademark has a term of five years from the date the application was filed with the Secretary of State. Registration of the trademark with the Secretary of State is strictly optional. Kansas statutes expressly provide that registration does not affect the common law rights of others. Any right you might have to use a mark has been acquired through your use of the mark. If someone has prior use of the mark, registration will not give you any rights. Only your legal counsel can advise you about conflicting claims. o o o Applicant information Classification schedule Samples or specimens o o Duration of filing Additional information Inst. K.S.A. 81-204 Rev. 04/25/11 jdr Please proceed to form. American LegalNet, Inc. www.FormsWorkFlow.com TMA 58-01 kansas secretary of state Trademark Application This form must be complete and accompanied by the correct filing fee or the document will not be accepted for filing. Stay up-to-date on your trademark or service mark status, expiration date, and contact address at www.sos.ks.gov. THIS SPACE FOR OFFICE USE ONLY. 1. 2. Applicant/owner name Applicant/owner address Attention Name Address will be used to send official mail from the Kansas Secretary of State's Office. Do not leave blank. Address City State Zip Country 3. o Is applicant a corporation, limited liability company, limited partnership, limited liability partnership, or other business entity, or is applicant a partnership? Corporation, LLC, LP, LLP, or other business entity (Proceed to Question 3a). o Partnership (Proceed to Question 3b). 3a. If applicant is a corporation, LLC, LP, LLP, or other business entity, give the state of organization. 3b. If applicant is a partnership, give the state of organization and the names of the general partners. 4. Briefly describe the goods used in connection with the mark. 5. Briefly describe how the mark is used in connection with such goods. 1/2 K.S.A. 81-204 Rev. 04/25/11 jdr Please continue to next page. American LegalNet, Inc. www.FormsWorkFlow.com 6. Number(s) and class(es) of good(s) See classification schedule attached. 7a. Date applicant began use of trademark in Kansas 8. o Month Day Year 7b. Date applicant began use of trademark anywhere Month Day Year Has the applicant or predecessor in interest filed an application for the same mark or portions of the same mark with the U.S. Patent and Trademark Office? Yes (Proceed to Question 8a). o No (Skip to Question 9a). 8a. If yes, give the filing date and serial number. 8b. What is the status of the application? o 8c. If refused, give reason. Accepted o Pending o Refused 9a. Provide the name of the mark. This is how the mark will be searched with the Kansas Secretary of State's office. 9b. Describe in words the exact mark you wish to register. 10. Attach three different samples or specimens showing the mark as actively used. 11. The applicant is the owner of the mark. The mark is in use, and, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods of such other person, to cause confusion, or to cause mistake, or to deceive. 12. I state that I am the applicant, a member of the firm applying, or an officer of the corporation or association applying, and declare under penalty of perjury that the foregoing application is true and correct. Signature of Applicant / Owner X Month Day Year Name of Applicant / Owner (printed or typed) Phone Number 2/2 K.S.A. 81-204 Rev. 04/25/11 jdr Please review to ensure completion. American LegalNet, Inc. www.FormsWorkFlow.com TMA 58-01 kansas secretary of state Trademark Application Attachment Kansas Office of the Secretary of State: Memorial Hall, 1st Floor 120 S.W. 10th Avenue Topeka, KS 66612-1594 (785) 296-4564 kssos@sos.ks.gov www.sos.ks.gov n International Schedule of Classes of Goods Class 1 (Chemicals): Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins; unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry. Class 2 (Paints): Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists. Class 3 (Cosmetics and cleaning preparations): Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lo
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