Free tm1 - West Virginia

INFORMATION and INSTRUCTIONS WEST VIRGINIA TRADEMARK and SERVICE MARK APPLICATION
The West Virginia Legislature adopted H.B. 4858 in 1996 legislative session, entirely rewriting previous state trademark law and replacing it with most of the provisions of the Model State Trademark Bill. The new law, Chapter 47, Article 2 of W. Va. Code, became effective July 1, 1996. It contains these general provisions: Allows for registration of both trademarks (to identify goods) and service marks (to identify services); Sets restrictions on marks which can be registered; Requires the application to include specific information and specimens of the mark; Requires secretary of state to establish classification system conforming to international system; Establishes a filing procedure, amendment process, and appeal process; Sets registration period for new marks at 10 years; existing marks expire on July 1, 2001; Provides for renewal, assignment, changes of name and cancellation; Provides for record of marks to be available for public examination; and Provides penalties and liability for fraudulent use. WHAT IS A MARK? A trademark means any word, name, symbol, or device, or any combination of these which is used by a person to identify and distinguish the goods of that person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods. A service mark means any word, name, symbol, or device, or any combination of these which is used by a person to identify and distinguish the services of one person, including a unique service, from the services of others, and to indicate the source of the services. Titles, character names used by a person, and other distinctive features of radio or television programs may be registered as service marks, notwithstanding that they, or the programs, may advertise the goods of the sponsor. [W. Va. Code §47-2-1] RESTRICTIONS ON REGISTRATION The secretary of state is obligated by law to refuse marks which violate these restrictions. A mark:
1. 2. 3. 4. 5. 6. 7. 8. May not be immoral, deceptive or scandalous; May not disparage or falsely suggest connection with persons, institutions, beliefs, or national symbols, or bring them into contempt or disrepute; May not consist of or comprise the flag or coat of arms or other insignia of the United States, any state or municipality, or any foreign nation, or any simulation of these; May not be the name, signature or portrait of a living individual without written consent of that person; May not be deceptively misdescriptive; May not be merely descriptive or geographically descriptive; May not be merely a surname;
But: If the applicant can provide proof that a mark restricted under 5, 6 or 7 has become distinctive of the goods or services by continuous use for 5 years, the mark may be registered.

May not so resemble a mark registered or a mark or trade name used and not abandoned as to cause confusion.

CLASSIFICATION The classes of the USPTO have been adopted in West Virginia. Choose the class or classes which describe the products or services identified by your mark.

COMPLETING THE APPLICATION The number of each instruction below corresponds to the number on the application form. 1. If the mark has never been registered before in West Virginia, check "New." If the same mark, or a very similar mark for the same goods registered by the same applicant before July 1, 1996, check "Renewal" and enter the date of the previous registration. If ownership has changed, proof must be provided of transfer. The applicant may be a person or organization such as a corporation, firm, partnership, union association or other organization capable of suing and being sued in a court of law. In listing the business address of the applicant, be sure to include any address necessary to receive mail.

Applicant

2. 3.

4/5. Enter the state in which the corporation, partnership, or other organization is legally organized, and the names of the partners, if applicable. 6. For each different use of the mark, enter the information for that use. Used extra pages if necessary.
Column 1 -- Enter G if the mark is used to identify a product; S if used to identify a service. Column 2 -- Describe the good or services generally; do not include products in two or more classifications in one description. Column 3 -- List how the mark is used; for example, emblems or logos on clothing, labels on packaging, logo on company vehicles, symbols in print and broadcast advertising. Column 4 -- Refer to the classification chart and select the class which most nearly applies.

Use

7/8. Select the correct box in 7; describe the mark in 8 as clearly and simply as possible.

Mark to be Protected

9.

The mark must be in use; and the application must include the first date of use anywhere & in W. Va. by the applicant or a previous owner. If the mark has been in use for a long time, be as accurate as possible.

10. Attachment 1 must be clearly labeled, and must include a clean, clear drawing or photocopied representation of the mark reduced or enlarged to fit vertically (portrait) within the frame, with the longer dimension no more than six inches and no less than five inches. The permanent record on optical disk storage will be made from this image, and poor quality would jeopardize the protection of your mark as searches are performed. If color is an essential attribute of the mark, provide one color copy and one black and white copy with color areas labeled. Attachment 2, 3 & 4 must be three separate specimens of the mark as actually used, in a two dimensional (flat) condition. If more than one classification of use is listed in 6, the specimens should include one for each class. They may be original, such as paper labels or packaging, cards, letterhead, printed advertising, or a photograph of the use, such as signs on a vehicle, billboard, containers or other large or three dimensional use. 11. All applications made to the U.S. Patent & Trademark Office relating to this mark, or portions or a composite of this mark, must be fully reported -- date filed, serial number, and status. If an application for the mark has been refused or withdrawn, give a clear explanation of the reason. 12. The verification and notarization are required. Be sure the notary uses a seal.

USPTO

FILING WITH THE SECRETARY OF STATE File the completed original application (or two originals if you want a stamped copy returned), along with a fee of $50 for a mark used in one or two classifications, and an additional $50 for each additional classification. Make check payable to "Secretary of State."

Natalie E. Tennant Secretary of State State Capitol, W-139 1900 Kanawha Blvd. East Charleston, WV 25305-0770

Penney Barker, Manager CORPORATIONS DIVISION Tel: (304) 558-8000

WEST VIRGINIA Hours: 8:30 a.m. - 4:30 p.m. ET APPLICATION FOR TRADEMARK OR SERVICE MARK TM
Fax: (304) 558-8381

1.

NEW APPLICATION, MARK NOT PREVIOUSLY
REGISTERED IN WEST VIRGINIA

RENEWAL; MARK REGISTERED LAST ON (DATE) __________________________________

Applicant Information 2. 3.
Name of Applicant Business Address

4. 5.

If applicant is corporation or partnership, state of organization: If applicant is partnership, names of general partners:

Goods or Services 6.
The mark is used on or in connection with the following goods or services (see instructions): Description of Goods or Services Mode or Manner Used Class of Goods or Services

G=Goods S=Services

FORM TM-1

Issued by the West Virginia Secretary of State

Revised 1/09

WV TRADEMARK OR SERVICE MARK APPLICATION

PAGE 2

Mark to be Protected 7.
The mark for which the application is made consists of: (check one) r a graphic symbol only r a graphic symbol including words or letters r words or letters in a specific typography r words or letters only, without regard to typography Brief description of the mark:

8.

9.

This mark was first used anywhere on:_____/_____/_____; and in West Virginia on: _____/_____/_____.

10. A drawing or representation of the mark is attached in the size and format shown, marked Attachment 1.
and, three specimens showing the mark as actually used are attached, marked Attachment 2, 3 and 4. Filing with the U. S. P. T. O.

11. An application to register this mark, or portions or a composite of this mark has been filed by this applicant
(or a predecessor in interest) with the United States Patent and Trademark Office: (check one, if yes, all detailed information is required, attach sheet if more than one application has been filed). NO -- an application has not been filed

YES -- the specifics of the application(s) are:

Date filed with USPTO:______________ Serial No. ____________

If more than one filing for this mark or portions or near matches of this mark have been made, attach a separate sheet listing the specifics for each application.

Status: rPENDING rAPPROVED (DATE__________) rREFUSED/OTHER (REASON_________________)

Verification 12.
I, as applicant or authorized representative of the applicant, hereby certify that: (1) the applicant is the owner of the mark for which this application is made; (2) the mark is in use; (3) to my knowledge, no other person has registered, either federally or in this state, or has the right to use this mark either in the identical form thereof or in such near resemblance to it as to be likely, when applied to the goods or services of that other person, to cause confusion, or to cause mistake, or to deceive; and (4) the information contained in this application is true, to the best of my knowledge.
NAME OF PERSON SIGNING(TYPE OR PRINT)

DATE SIGNED

SIGNATURE

TITLE OF MEMBER OR OFFICER SIGNING IF OTHER THAN INDIVIDUAL APPLICANT

13. STATE OF ___________, COUNTY OF _________________:
Acknowledged before me this _______day of _________, 20___.
SEAL

NOTARY PUBLIC

My commission expires:______________________________

West Virginia Application for Trademark or Service Mark

Attachment 1

Type applicant's name on line provided. Leave effective date and WV Serial Number blank. Place drawing or photocopied representation of mark vertically within the frame. If necessary, enlarge or reduce so that longer dimension is no less than 5" and no more than "6.

Applicant Name:__________________________________________ Effective Date:___________________ Serial #:_________________

International Schedule of Classes of Goods and Services
GOODS 1.

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. 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. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices. Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks. Pharmaceutical, veterinary, and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides. Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; nonelectric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores. Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements other than hand-operated; incubators for eggs. Hand tools and implements (hand-operated); cutlery; side arms; razors. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus. artificial limbs, eyes, and teeth; orthopedic articles; suture materials.

2.

3.

4.

5.

6.

7.

8. 9.

10. Surgical, medical, dental, and veterinary apparatus and instruments, 11. Apparatus for lighting, heating, steam generating, cooking,

refrigerating, drying, ventilating, water supply, and sanitary

purposes.
12. Vehicles; apparatus for locomotion by land, air, or water. 13. Firearms; ammunition and projectiles; explosives; fireworks. 14. Precious metals and their alloys and goods in precious metals or

coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments.

15. Musical instruments. 16. Paper, cardboard and goods made from these materials, not included

in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks. these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal. and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. asphalt, pitch and bitumen; nonmetallic transportable buildings; monuments, not of metal.

17. Rubber, gutta-percha, gum, asbestos, mica and goods made from

18. Leather and imitations of leather, and goods made of these materials

19. Building materials (non-metallic); nonmetallic rigid pipes for building;

20. Furniture, mirrors, picture frames; goods (not included in other

classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.

21. Household or kitchen utensils and containers (not of precious metal or

coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags

(not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
23. Yarns and threads, for textile use. 24. Textiles and textile goods, not included in other classes; beds and

table covers.

25. Clothing, footwear, headgear. 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes,

pins and needles; artificial flowers.
27. Carpets, rugs, mats and matting, linoleum and other materials for

covering existing floors; wall hangings (non-textile).
28. Games and playthings; gymnastic and sporting articles not included

in other classes; decorations for Christmas trees.
29. Meat, fish, poultry and game; meat extracts; preserved, dried and

cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour

and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (condiments); spices; ice. included in other classes; live animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals; malt.

31. Agricultural, horticultural and forestry products and grains not

32. Beers; mineral and aerated waters and other nonalcoholic drinks;

fruit drinks and fruit juices; syrups and other preparations for making beverages.

33. Alcoholic beverages (except beers). 34. Tobacco; smokers' articles; matches.

SERVICES 35. Advertising; business management; business administration; office

functions.

36. Insurance; financial affairs; monetary affairs; real estate affairs. 37. Building construction; repair; installation services. 38. Telecommunications. 39. Transport; packaging and storage of goods; travel arrangement 40. Treatment of materials. 41. Education; providing of training; entertainment; sporting and cultural

activities.

42. Scientific and technological services and research and design relating

thereto; industrial analysis and research services; design and development of computer hardware and software; legal services.

43. Services for providing food and drink; temporary accommodations. 44. Medical services; veterinary services; hygienic and beauty care for

human beings or animals; agriculture, horticulture and forestry services.
45. Personal and social services rendered by others to meet the needs of

individuals; security services for the protection of property and individuals.