Hawaii ServiceMark Application Form

In the case of wanting to apply for registering a Servicemark in the State of Hawaii, the following form has to be completed and submitted. A $50 filing fee has to be submitted along with the completed form.

Extracted Text for Proper Search

FORM T-3 1/2013 	
 ASSOCIATED FEES: Trade Name, Trademark, Service 
Mark Registrations 	
 • Trade Name, Trademark, Service Mark Registration: 	 	
Filing Fee: $50.00  
Expedited Review: $20.00 
 • Assignment of Trade Name, Trademark, Service Mark: 	 	
Filing Fee : $10.00  
Expedited Review : $20.00 
 • Change of Name of Registrant: 	 	
Filing Fee: $10.00  
Expedited Review : $20.00 	
 EFFECTIVE: 	 	
JANUARY 1, 2013 TO DECEMBER 31, 2013 THE FILING FEES BELOW HAVE BEEN RED\
UCED.  
Trade Name, Trademark, 	
& Service Mark:  
$25.00 	
 FEES WILL AUTOMATICALLY READJUST BACK TO STATUTORY FEES ON JANUARY 1, 20\
14

*T3*	
FORM T-3 1/2013
www.BusinessRegistrations.com	Nonrefundable Filing Fee $50.00  $25.00 
Temporary fee reduction until 
12/31/2013	STATE OF HAWAII  
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS  Business Registration Division   
335 Merchant Street  
Mailing Address:  P.O. Box 40, Honolulu, Hawaii 96810 
Phone No. (808) 586-2727
PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK	
1.
2.
3.
4.
5.
6.
7.	Applicant's Name:
Registration is (check one):	
  	New	Renewal (Certificate No.	
Other (explain): 	Unincorporated Association	
LLP	LLC	Partnership	Corporation	Sole Proprietor     
OR	
(Including city, state, and zip code)	
Business Address:
Status of Applicant (check only one)
If applicant is an entity, list state or country of incorporation/format\
ion/organization: 	
I certify, under the penalties set forth in Section 482-51, Hawaii Revis\
ed Statutes, that  (check one):	I am the applicant	
I am the	
OR	
(Office Held)	of the applicant named in the foregoing application, that the 
applicant is the owner of the mark, that I am authorized to sign this ap\
plication, and to the best of my knowledge and belief, the mark has been\
 and is still 
in use, that no other person has registered, either federally or in this\
 State, or has the right to use, the mark either in the identical form t\
hereof or in such 
near resemblance thereto as to be likely, when applied to the services o\
f the other person, to cause confusion, to cause mistake, or to deceive,\
 and that 
the above statements are true and correct.	
(Print Name)	(Date)	
(DEPARTMENTAL USE ONLY)	
Certificate of Registration No.	 	
CERTIFICATE OF REGISTRATION OF SERVICE MARK 	  	In accordance with the provisions of Chapter 482, Hawaii Revised Statute\
s, this Certificate of Registration is issued to secure the aforesaid ap\
plicant
the use of the said SERVICE MARK throughout the State of Hawaii for the \
term of five  years from 
to	
REGISTRATION OF A SERVICE MARK WITH  THE DEPARTMENT DOES NOT GRANT 
YOU OWNERSHIP OF THE SERVICE MARK DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS 
STATE OF HAWAII	Dated:	
(Director of Commerce and Consumer Affairs)
B48 (Fee) 
S18 (SH)	
SEE INSTRUCTIONS ON REVERSE SIDE.	
8.
9.	State the classification for this service mark:
(See instructions on reverse side-only one classification per applicati\
on allowed)
Date mark first used anywhere: 	;	Date mark first used in Hawaii: 	
APPLICATION FOR REGISTRATION OF SERVICE MARK 	(Chapter 482, Hawaii Revised Statutes)	
Service Mark is specifically  described as:
Service mark is being used in connection with the following services:
State the mode or manner in which the service mark is used on or in conn\
ection with the services provided:	
(Signature)	
)	
OR

FORM T-3 1/2013	
INFORMATION FOR APPLICANTS FOR REGISTRATION OF SERVICE MARKS 	
  
REGISTRATION OF A SERVICE MARK WITH THE DEPARTMENT DOES NOT GRANT YOU OW\
NERSHIP OF THE SERVICE 
MARK. 
  Section 482-22, Hawaii Revised Statutes, provides that an applicant for \
registration of service mark must file an application with the Director \
of 
Commerce and Consumer Affairs, verifying that the applicant is the owner\
 of the service mark.   Ownership of a service mark is acquired by adoption 
and use of the service mark .  Before filing an application, an applicant should check the computeri\
zed list of registered names to determine if there is a 
registration that is substantially identical to the service mark he wish\
es to register.  A check should also be made in the telephone directory \
of each 
island, the city directory and with the Department of Taxation.  When an\
 application is filed, the Business Registration Division will make a se\
arch of the 
registrations on record to determine that there is no other registration\
 that is the same or substantially identical to the service mark applied\
 for.  
  
Section 482-25, HRS, provides that the registration will be for a term o\
f five years from the date of filing.  Registrations may be renewed for \
additional 
periods of five years from the date of renewal by filing an application \
and $50.00 fee within six months  prior to the expiration date. 
  
Section 482-28.5, HRS, provides that if, after registration with the Dir\
ector of Commerce and Consumer Affairs, the service mark is abandoned or\
 not  
used by the registrant for any period of 365 consecutive days, the servi\
ce mark shall be subject to revocation.  Any person desiring such revoca\
tion is 
required to file a verified petition with the Director requesting revoca\
tion of the service mark and setting forth facts indicating abandonment \
or nonuse by 
the registrant for a period of 365 consecutive days immediately precedin\
g the date of filing of the petition.  After granting an opportunity for\
 hearing to 
the petitioner and registrant, the Director shall grant or deny the peti\
tion as the facts shall warrant. 
  
Section 482-28.5, HRS, provides that any person claiming to be the owner\
 of a service mark for which a certificate of registration has been issu\
ed to 
any other person, may file a verified petition with the Department for t\
he revocation of such registration setting forth facts in support of the\
 claim for 
ownership.  After granting an opportunity for hearing to the petitioner \
and registrant, the Director shall grant or deny the petition as the fac\
ts shall 
warrant. 
  
Instructions:  Application must be typewritten or printed in  black ink, and must be legible.  Signature must be in black ink.   Submit  application 
together with the appropriate fee.  
  
Application must be signed by the applicant if an individual.  For  corporations, application must be signed by an authorized officer of the corporation\
. 
For general or limited partnerships,  application must be signed by a general partner.  For  LLC, application must be signed by a manager of a 
manager-managed company or by a member of a member-managed company.  For\
  LLP, application must be signed by a partner. 
  
Line 1.  State the full name of the applicant.  State the complete address (incl\
uding city, state, and zip code) of the applicant. 
  
Line 2.  Check whether the service mark to be registered is a new registration or\
 a renewal of an existing registration.   Renewals must be received 
prior to the expiration date of the current registration . 
  
Line 3.  Check one of the blocks to indicate the status of the applicant.  If you\
 check “Other,” you must explain what type of entity the applicant\
 is. 
  
Line 4.  If the applicant is a corporation, partnership, or limited liability com\
pany, list the state or country in which it was incorporated, formed or \
organized. 
  
Line 5.  State complete service mark to be registered.  If the service mark consi\
sts of a word or words, without a specific design, the same must be 
typed or printed and one (1) specimen of the service mark per class of\
 goods showing the mark as actually used on or in connection with 
such services should be filed with the application.    If the service ma\
rk consists of a word or words with a symbol or design, a complete 
description must be typed or printed. One (1) exact copy of the servic\
e mark and one (1) specimen of the service mark per class of goods 
showing the mark as actually used on or in connection with such services\
 should also be filed with the application.   See next page for 
description of a specimen. 
  
Line 6.  State the services to be identified by the service mark.  (Services mus\
t fall within the classification listed on Line 8) 
  
Line 7.  State the mode or manner in which the service mark is used in connection\
 with the services provided.  Some of the common ways service 
marks may be used in commerce are on business cards, letterhead, signage\
, advertising, or promotional materials. 
  
Line 8. State only one category from the list of service mark classifications pr\
ovided.  Select a category from 35 to 45 only. 
  For a detailed list of acceptable classification of services, please che\
ck the USPTO website at:  http://tess2.uspto.gov/netahtml/tidm.html    
A separate application and fee is required for each classification desir\
ed. 
  
Line 9.  State the date the mark was first used anywhere, and the date the mark w\
as first used in Hawaii by the applicant or a 
predecessor in interest. 
  
Filing Fees :  Filing fee ($25.00) is not refundable .  Temporary fee reduction until 12/31/2013.   Make checks payable to DEPARTMENT OF 
COMMERCE AND CONSUMER AFFAIRS.  Dishonored Check Fee $25.00.  
  
For any questions call (808) 586-2727.   Neighbor islands may call the\
 following numbers followed by 6-2727 and the # sign: 
Kauai 274-3141; Maui 984-2400; Hawaii 974-4000, Lanai & Molokai 1-800-46\
8-4644 (toll free). 
Fax:  (808) 586-2733  Email Address:  [email protected]

FORM T-3 1/2013	
SPECIMEN 
  
A specimen is an actual example of how you are using the mark in commerc\
e on or in connection with the identified services.  This is 
not the same as the drawing of the mark, which merely represents what yo\
u are claiming as the mark. 
  
A specimen for a mark used in connection with services must show the mar\
k used in the sale or advertising for the services.  You may 
submit a copy of (1) your sign, (2) a brochure/publication about the\
 services, (3) an advertisement for the services, or (4) a business \
card or stationery showing the mark in connection with the services. 
  
  
  
  
  
  
  
NOTICE:  THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIA\
L NEEDS.  PLEASE CALL THE DIVISION 
SECRETARY, BUSINESS REGISTRATION DIVISION, DCCA, AT 586-2744, TO SUBMIT \
YOUR REQUEST.   
ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION.  (SECT\
ION 92F-11, HRS)