SB 1048 Modifies the law regarding trademark application and registration
Sponsor: Kennedy
LR Number: 4614S.02I Fiscal Note: 4614-02
Committee: Commerce, Energy and the Environment
Last Action: 2/28/2008 - Voted Do Pass S Commerce, Energy and the Environment Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1048 - This act modifies the law regarding trademark registration.

The act provides that when determining if a trademark meets the qualifications to be registered, the Secretary of State's duty shall be limited to examination of the registration records.

Current law provides that an application for a trademark shall include, among other items, the date when the mark was first used. This act provides that an application for a trademark may be filed if the applicant provides a signed statement indicating an intent to use the mark on or in connection with the goods or services listed in the application. The application shall include a specimen or facsimile of the mark for each class of goods or services for which the applicant would like to register such mark.

The act raises the fee for filing an application for trademark registration from fifty to seventy-five dollars, and specifies that the additional five dollar fee assessed on all fees in this act may also be assessed against each separate class for which an application is filed. The act also raises the fee for recording of an assignment of a trademark registration from fifty to seventy-five dollars, and raises the trademark renewal fee from ten to twenty dollars.

The act also specifies several classes of goods and services for which trademark applications may be filed.

The Secretary of State is authorized to promulgate rules to implement the provisions of this act.

This act is identical to HB 585 (2007).

ALEXA PEARSON