Kansas Servicemark Application Form
In the case of wanting to register a servicemark in the State of Kansas, the following form has to be completed and submitted along with a $40 filing fee.
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o Filing fee The filing fee for the application is $40 . o Payment Please enclose a check or money order payable to the Secretary of State. Forms received without the appropriate fee will not be accepted for filing. Please do not send cash. NOTICE: There is a $25 service fee for all checks returned by your financial institution. Also, to expedite processing, please do not use staples on your documents or to attach checks. o Applicant information Complete the applicant’s name and address. The applicant may be an individual, company, association, union, or other organization. o Classification schedule Specify both number and class designation for the mark. At least one classification is required. See attached regulation. o Samples or specimens Submit three different samples of the mark. From the U.S. Patent and Trademark Office: “A specimen for a mark used in connection with services must show the mark used in providing or advertising the services. For example, your specimen may be a sign, a brochure about the services, an advertisement for the services, a website, a business card, or stationery showing the mark. The specimen must show or contain some reference to the services, that is, it is not just a display of the mark itself.” The specimens must be flat and no longer than 8½ x 12 inches. (ex: a label or photograph of packaging) o Duration of filing Unless earlier cancelled, a service mark has a term of five years from the date the application was filed with the Secretary of State. o Additional information Registration of the service mark with the Secretary of State is strictly optional. Kansas statutes expressly provide that registration does not affect the common law rights of others. Any right you might have to use a mark has been acquired through your use of the mark. If someone has prior use of the mark, registration will not give you any rights. Only your legal counsel can advise you about conflicting claims. k a n s a s s e c r e ta ry o f s tat e Service Mark Application Instructions Kansas Office of the Secretary of State: Memorial Hall, 1st Floor (785) 296-4564 120 S.W. 10th Avenue [email protected] Topeka, KS 66612-1594 www.sos.ks.gov SMA 58-02 The following form must be complete and accompanied by the correct filing fee or the document will not be accepted for filing. Inst. K.S.A. 81-204Rev. 05/09/11 jdr Stay up-to-date on your trademark or service mark status, expiration date, and contact address at www.sos.ks.gov . Please proceed to form. 1. Applicant/owner name 2. Applicant/owner address Address will be used to send official mail from the Kansas Secretary of State’s Office. Do not leave blank. Attention Name Address City State Zip Country 3. Is applicant a corporation, limited liability company, limited partnership, limited liability partnership, or other business entity, or is applicant a partnership? o Corporation, LLC, LP, LLP, or other business entity (Proceed to Question 3a). o Partnership (Proceed to Question 3b). 3a. If applicant is a corporation, LLC, LP, LLP, or other business entity, give the state of organization. 3b. If applicant is a partnership, give the state of organization and the names of the general partners. 4. Briefly describe the services used in connection with the mark. 5. Briefly describe how the mark is used in connection with such services. THIS SPACE FOR OFFICE USE ONLY. 1 / 2 K.S.A. 81-204Rev. 05/09/11 jdr Please continue to next page. k a n s a s s e c r e ta ry o f s tat e Service Mark Application This form must be complete and accompanied by the correct filing fee or the document will not be accepted for filing. Stay up-to-date on your trademark or service mark status, expiration date, and contact address at www.sos.ks.gov . SMA 58-02 6. Number(s) and class(es) of service(s) See classification schedule attached. 7a. Date applicant began use of service mark in Kansas Month Day Year 7b. Date applicant began use of service mark anywhere Month Day Year 8. Has the applicant or predecessor in interest filed an application for the same mark or portions of the same mark with the U.S. Patent and Trademark Office? o Yes (Proceed to Question 8a). o No (Skip to Question 9a). 8a. If yes, give the filing date and serial number. 8b. What is the status of the application? o Accepted o Pending o Refused 8c. If refused, give reason. 9a. Provide the name of the mark. This is how the mark will be searched with the Kansas Secretary of State’s office. 9b. Describe in words the exact mark you wish to register. 10. Attach three different samples or specimens showing the mark as actively used. 11. The applicant is the owner of the mark. The mark is in use, and, to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, 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 services of such other person, to cause confusion, or to cause mistake, or to deceive. 12. I state that I am the applicant, a member of the firm applying, or an officer of the corporation or association applying, and declare under penalty of perjury that the foregoing application is true and correct. Signature of Applicant / Owner X Month Day Year Name of Applicant / Owner (printed or typed) Phone Number 2 / 2 K.S.A. 81-204Rev. 05/09/11 jdr Please review to ensure completion. Att. K.S.A. 81-204Rev. 05/09/11 jdr Use to respond to Question 6. k a n s a s s e c r e ta ry o f s tat e Service Mark Application Attachment Kansas Office of the Secretary of State: Memorial Hall, 1st Floor (785) 296-4564 120 S.W. 10th Avenue [email protected] Topeka, KS 66612-1594 www.sos.ks.gov SMA 58-02 Class 35 (Advertising and business): Advertising; business management; business administration; office functions. Class 36 (Insurance and financial): Insurance; financial affairs; monetary affairs; real estate affairs. Class 37 (Building construction and repair): Building construction; repair; installation services. Class 38 (Telecommunications): Telecommunications. Class 39 (Transportation and storage): Transport; packaging and storage of goods; travel arrangement. Class 40 (Treatment of materials): Treatment of materials. Class 41 (Education and entertainment): Education; providing of training; entertainment; sporting and cultural activities. Class 42 (Computer and scientific): Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software. Class 43 (Hotels and restaurants): Services for providing food and drink; temporary accommodations. Class 44 (Medical, beauty & agricultural): Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services. Class 45 (Personal): Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals. n International Schedule of Classes of Services
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