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New York General Business - Article 24 - § 360-B Application for Registration

Legal Research Home > New York Laws > New York General Business (GBS) > New York General Business - Article 24 - § 360-B Application for Registration

General Business 
 
    §  360-b. Application for registration. Subject to the limitations set
  forth in this article, any person who uses a mark may file in the office
  of the secretary, in a manner complying with  the  requirements  of  the
  secretary,  an  application for registration of that mark setting forth,
  but not limited to, the following information:
    (a) the name and business address of  the  person  applying  for  such
  registration; and, if a corporation, the state of incorporation, or if a
  partnership,  the  state  in  which the partnership is organized and the
  names of the general partners, as specified by the secretary,
    (b) the goods or services on or in connection with which the  mark  is
  used  and  the  mode  or  manner  in  which  the  mark  is used on or in
  connection with such goods or services and the class in which such goods
  or services fall,
    (c) the date when the mark was first used anywhere and the  date  when
  it  was  first  used  in this state by the applicant or a predecessor in
  interest, and
    (d) a statement that the applicant is the owner of the mark, that  the
  mark  is  in use, and that, 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  or  services  of  such  other  person,  to  cause
  confusion, or to cause mistake, or to deceive.
    The   secretary  may  also  require  a  statement  as  to  whether  an
  application to register the mark, or portions or  a  composite  thereof,
  has  been  filed  by  the  applicant or a predecessor in interest in the
  United States Patent and Trademark Office; and,  if  so,  the  applicant
  shall provide full particulars with respect thereto including the filing
  date  and  serial number of each application, the status thereof and, if
  any application was finally refused registration or  has  otherwise  not
  resulted in a registration, the reasons therefor.
    The  secretary  may also require that a drawing of the mark, complying
  with such requirements as  the  secretary  may  specify,  accompany  the
  application.
    The  application  shall be signed and verified by oath, affirmation or
  declaration subject to perjury laws by the applicant or by a  member  of
  the firm or an officer of the corporation or association applying.
    The  application  shall  be accompanied by three specimens showing the
  mark as actually used.
    The application shall be accompanied by the application fee payable to
  the secretary of state.

Last modified: March 6, 2013