Thursday, July 30, 2009
Nevada Trademark Law
For filing a trademark in Nevada State, US you should submit Mark registration form 1 along with a fees of $ 100/-. The term of the mark is for 5 years and should be renewed before the expiry of the term. Nevada Revised Statutes -Chapter 600 deals with the registration of trademarks.
NRS 600.340 Application for registration: Contents; requirements; fee; return for correction.
1. A person who has adopted and is using a mark in this State may file in the Office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:
(a) Whether the mark to be registered is a trademark, trade name or service mark;
(b) A description of the mark by name, words displayed in it or other information;
(c) The name and business address of the person applying for the registration and, if it is a corporation, limited-liability company, limited partnership or registered limited-liability partnership, the state of incorporation or organization;
(d) The specific goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with those goods or services and the class as designated by the Secretary of State which includes those goods or services;
(e) The date when the mark was first used anywhere and the date when it was first used in this State by the applicant or his predecessor in business which must precede the filing of the application; and
(f) A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this State either in the form set forth in the application or in such near resemblance to it as might deceive or cause mistake.
2. The application must:
(a) Be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.
(b) Be accompanied by a specimen or facsimile of the mark on white paper that is 8 1/2 inches by 11 inches in size and by a filing fee of $100 payable to the Secretary of State.
3. If the application fails to comply with this section or NRS 600.343, the Secretary of State shall return it for correction.
(Added to NRS by 1979, 596; A 1993, 489; 1997, 159; 1999, 1636; 2001, 3195; 2005, 2277)
NRS 600.343 Criteria for specimen accompanying application for registration; change after registration.
1. A specimen accompanying an application for the registration of a mark must meet the following criteria:
(a) The specimen must agree with the mark as described in the application, must agree with the mark as used, and evidence use of the mark.
(b) If the specimen is a drawing, it must be a substantially exact representation of the mark as actually used.
(c) The specimen must fit on a page of paper not larger than 8 1/2 inches by 11 inches.
(d) A specimen may be a facsimile or photograph of the mark.
(e) The specimen must be suitable for reproduction, retention and retrieval.
2. After registration, an applicant may not change the specimen if the change constitutes a material alteration of the mark.
(Added to NRS by 1997, 158)
NRS 600.290: "Service Mark" means a Mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
NRS 600.300: "TradeMark" means any word, name, symbol or device or any combination of them adopted and used by a person to identify goods made or sold by others.
NRS 600.310: "Trade name" means a word symbol device or any combination of them used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
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