ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature Second Regular Session

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HB 2103: trademarks; service marks; trade names

Sponsor: Representative Griffin, LD 14

Committee on Commerce

Overview

Includes additional requirements for applicants registering a trademark or trade name.

History

Any person who adopts and uses a trademark or service mark may file an application with the Secretary of State to register the mark. Statute outlines the minimum information that an application must contain, including: 1) the name and email and business address of the person applying for the registration; 2) the goods or services the mark is used for, how the mark is used and the class in which the goods or services fall; 3) the date when the mark was first used; and 4) a statement that the applicant is the owner and sole user of the mark (A.R.S. § 44-1443).

Any person, association, or corporation doing business in Arizona may register a trade name, title or designation with the Secretary of State.  Statute outlines the minimum information that must be provided for registration, including: 1) the name, email and business address of the applicant; 2) the name, title or designation being registered; 3) the general nature of the business; and 4) the length of time during which the name, title or designation has been used by the applicant (A.R.S. § 44-1460).

Provisions

1. Requires a trademark registration form to include a statement that the applicant has conducted a search and found that the trademark or service mark:

a) Is not likely to cause confusion or to deceive; and

b) Does not consist of a mark that resembles an Arizona registered mark or one previously used in Arizona by another and not abandoned. (Sec. 1)

2. Requires a trademark registration form to include a statement whether the applicant has previously sought to register the mark with the U.S. Patent and Trademark Office, and if denied, the reasons for denial. (Sec. 1)

3. Requires a trade name registration form to include a statement that the applicant has conducted a search and found that the trade name is distinguishable from:

a) Any other previous name on record with the Secretary of State; and

b) An existing corporation name or reserved name. (Sec. 2)

4. Makes technical changes. (Sec. 1, 2)

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                        HB 2103

Initials PRB     Page 0 Commerce

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