Court Opinions

State Laws

US Code

US Constitution

Application for registration - 54 Pa. Cons. Stat. § 1112

Legal Research Home > Pennsylvania Statutes

     § 1112.  Application for registration.
        (a)  General rule.--Subject to the limitations set forth in
     this chapter, any person who has adopted and used a mark in this
     Commonwealth may file in the department an application for
     registration of that mark, setting forth the following
     information:
            (1)  The name of the person applying for such
        registration, the residence, location or place of business of
        the applicant, and, if a corporation, the jurisdiction of
        incorporation, or, if a partnership, the state in which the
        partnership is organized and the names of the general
        partners.
            (2)  The goods or services on or in connection with which
        the mark is used, 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.
            (3)  The date when the mark was first used anywhere and
        the date when it was first used in this Commonwealth by the
        applicant or the predecessor in interest.
            (4)  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 Commonwealth, 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.
            (4.1)  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.
            (5)  Such other information necessary to the
        administration of this chapter as the department may specify
        by regulation.
        (b)  Facsimile.--The application shall be accompanied by a
     facsimile of such mark.
        (b.1)  Application fee.--The application shall be accompanied
     by the fee specified in 15 Pa.C.S. § 153(a) (relating to fee
     schedule).
        (c)  Cross reference.--See 15 Pa.C.S. § 134 (relating to
     docketing statement).
     (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; June 18,
     1998, P.L.518, No.73, eff. 60 days)

        Reference in Text.  Section 153(a) of Title 15, referred to
     in subsec. (b.1), is repealed.

Last modified: November 27, 2007