Section 7-70-102 - Statement of trademark registration

(1) A person who adopts and makes use in commerce of a trademark in this state may deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement of trademark registration to which a specimen and, if the trademark is a special form trademark, a drawing is attached.(2) A statement of trademark registration shall state:(a) The true name of the registrant or, in the case of a general partnership that is not a limited liability partnership, the true name of at least one general partner of the general partnership;(b) If the registrant is an entity, the form of entity and the jurisdiction under the law of which the entity is formed;(c) If the registrant is an individual, the individual's principal address;(d) If the registrant is an entity other than a reporting entity, the entity's principal address;(e) If the registrant is neither an individual resident of this state nor an entity that is required to maintain a registered agent pursuant to part 7 of article 90 of this title, either of the following:(I) If the registrant desires to appoint a registered agent pursuant to section 7-70-108, the registered agent name, the registered agent address,

of article 90 of this title, either of the following:(I) If the registrant desires to appoint a registered agent pursuant to section 7-70-108, the registered agent name, the registered agent address, and a statement that the person appointed as the registered agent for the registrant has consented to being so appointed; or(II) The mailing address to which service of process in any proceeding based on a cause of action with respect to the statement of trademark registration may be mailed pursuant to section 7-70-108;(f) If the trademark is a standard character trademark, the characters constituting the trademark;(g) If the trademark is a special form trademark, a description of the attached drawing;(h) A detailed description of the goods or services in connection with which the trademark is used and the class into which such goods or services fall;(i) A description of the attached specimen sufficient to identify the nature of the specimen;(j) The date of first use in commerce of the trademark in this state by the registrant or the registrant's predecessor in interest; and(k) That the registrant is currently using the trademark in commerce in this state and that the registrant

he trademark in this state by the registrant or the registrant's predecessor in interest; and(k) That the registrant is currently using the trademark in commerce in this state and that the registrant believes, in good faith, that: (I) The registrant has the right to use the trademark in connection with the goods or services listed pursuant to paragraph (h) of this subsection (2); and(II) The registrant's use of the trademark does not infringe the rights of any other person in that trademark.(3) A statement of trademark registration shall not state a delayed effective date.L. 2006: Entire article R&RE, p. 110, § 1, effective 5/29/2007. L. 2007: (2)(c) and (2)(d) amended, p. 225, § 12, effective May 29. L. 2009: (2)(a) amended, (HB 09 -1248), ch. 252, p. 1131, § 9, effective May 14.This section is similar to former § 7-70-102 as it existed prior to 2006.