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TSA General Information 58-02 58-01 Trademark or Service (State of Kansas)

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General Information
o
Difference Trade and service marks are commonly referred to as brand names, logos or slogans.
Trademarks are used to identify tangible goods. Service marks are used to identify services.
The term “mark” is used to refer to both trademarks and service marks.
o
Trade names not
registrable
“Trade names” are terms used only to identify a business organization, rather than to
distinguish the goods or services provided by the business. A company name may be
viewed to be merely a trade name, instead of a mark, if it is advertised in such a way that
it attracts little attention, is used in close proximity to an address or phone number, or is
dominated by the presence of another mark. However, a company name may be registered
if it is shown to function as a mark.
o
Conict check Since identical or confusingly similar marks may not be registered by more than one person,
a person planning to use or register a mark should take steps to determine whether others
have priority of rights to that mark. Although checking the active registrations on le with the
Secretary of State can be a useful step, the absence of a conicting registration on le does
not mean that no one else claims priority of rights in the mark. Visit www.sos.ks.gov, then
click Business Filing Center, then click Trademark/Service Mark Search.
Requirements for Registration
o
Mark must be in use Registration of marks in Kansas is based on actual use of the mark in Kansas commerce.
For example, before an application can be submitted to the Secretary of State, the
trademark must be used on a product sold or distributed in Kansas, or the service mark
must be used in association with services rendered in Kansas (during advertising or sale). A
proposed mark may not be “reserved” prior to its actual use in Kansas commerce or before
the submission of a properly completed and led application. If an application is submitted
prior to actual use, registration will be refused.
o
Mark must be
distinctive
Only distinctive words, names, symbols, devices, or logos are entitled to registration. A
designation that is primarily a surname, or that is commonly used in describing the product
or service, or that directly describes the qualities or characteristics of a product or service is
not distinctive on rst use and not entitled to registration. For example, the terms “Food &
Beverage Online” would not be entitled to registration when used in association with “a news
and information service for the food processing industry contained in a database” since such
terms would be merely descriptive of such a service. However, sometimes a designation
that is not inherently distinctive may acquire distinctiveness through at least ve (5) years of
continuous and substantially exclusive use.
kansas secretary of state
Trademark or Service Mark Application
Instructions
Kansas Ofce of the Secretary of State:
Memorial Hall, 1st Floor (785) 296-4564
120 S.W. 10th Avenue kssos@sos.ks.gov
Topeka, KS 66612-1594 www.sos.ks.gov
TSA
58-01
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. 81-204
Rev. 11/13/18 tc
Stay up-to-date on your trademark or service
mark status, expiration date, and contact
address at www.sos.ks.gov.
Continue.
Please
Do Not
Staple
Inst.
K.S.A. 81-204
Rev. 11/13/18 tc
Continue.
Instructions for Application
o
Filing fee The ling 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 be rejected. Please do not send cash.
NOTICE: There is a $25 service fee for all checks returned by your nancial institution.
o 1.
Applicant/owner The applicant should be the person who owns the mark and controls the use of the mark
and the quality of the goods or services. If the applicant is an individual, provide the
individual’s name. If the applicant is an organized entity, such as a corporation, limited
liability company, or limited partnership, provide the legal name of the organized entity as
shown in its formation document. (e.g., ABC Business Company, Inc.)
o 2.
Business address Provide the business address of the applicant.
o 3.
o
Type of business entity
General partners
If the applicant is a corporation, limited liability company, limited partnership, general
partnership, or other business entity, identify the type of business organization and the state
under whose laws the entity was incorporated or organized.
If the applicant is organized as a general or limited partnership, then provide the names of
all general partners.
o 4.
Name of mark The name you list here is how the mark is searched in the Kansas Secretary of State’s
database.
o 5.
Description of the mark Describe the mark exactly as it appears in the samples of use. The description and the
samples of use provided must match.
The applicant can seek to register only one mark per application; a single application may
not be used to register multiple variations or multiple color combinations.
o 6.
Disclaimer A disclaimer may be included in an original application. Generally, components that are
generic or descriptive of the goods or services would be disclaimed (e.g., an outline of
the state, a geographic term of origin, or words that are commonly used to describe the
goods or services). An applicant cannot disclaim all elements of the proposed mark. A
properly worded disclaimer might be: No claim is made to the exclusive right to use of
______________ apart from the mark as shown.
Inst.
K.S.A. 81-204
Rev. 11/13/18 tc
o 7a.
Class of goods State the number(s) of the class(es) in which the goods or services belong. For assistance
with classifying goods or services, see the chart below or the Acceptable Identication of
Goods and Services Manual at www.uspto.gov.
Goods
Class 1: Chemicals
Class 2: Paints
Class 3: Cosmetics and Cleaning Preparations
Class 4: Lubricants and Fuels
Class 5: Phamaceuticals
Class 6: Metal Goods
Class 7: Machinery
Class 8: Hand Tools
Class 9: Electrical and Scientic Apparatus
Class 10: Medical Apparatus
Class 11: Environmental Control Apparatus
Class 12: Vehicles
Class 13: Firearms
Class 14: Jewelry
Class 15: Musical Instruments
Class 16: Paper Goods and Printed Matter
Class 17: Rubber Goods
Class 18: Leather Goods
Class 19: Non-metallic Building Materials
Class 20: Furniture and articles not otherwise classied
Class 21: Housewares and Glass
Class 22: Cordage and Fibers
Class 23: Yarns and Threads
Class 24: Fabrics
Class 25: Clothing
Class 26: Fancy Goods (e.g. buttons, ribbons)
Class 27: Floor Coverings
Class 28: Toys and Sporting Goods
Class 29: Meats and Processed Foods
Class 30: Staple Foods (e.g. coffee, sugar)
Class 31: Natural Agricultural Products
Class 32: Light Beverages
Class 33: Wine and Spirits
Class 34: Smokers’ Articles
Services
Class 35: Advertising and Business
Class 36: Insurance and Financial
Class 37: Building Construction and Repair
Class 38: Telecommunications
Class 39: Transportation and Storage
Class 40: Treatment of Materials
Class 41: Education and Entertainment
Class 42: Computer, Scientic and Legal
Class 43: Hotels and Restaurants
Class 44: Medical, Beauty and Agricultural
Class 45: Personal
o 7b.
Goods or services For each class listed on the application, describe clearly and concisely the goods or the
services currently sold or provided by the applicant on or in connection with which the
mark is being used. Limit the description of goods or services to those goods or services
under the same class heading.
o 7c.
o 7d.
Date mark was rst
used
For each class listed on the application, accurately state the date on which the mark was
rst publicly used to identify the goods or services being marketed. Both dates of rst use
“Anywhere” and “in Kansas” must be indicated on the application. (If the rst use was in
Kansas, both dates will be the same). State the month, day and year for each date of rst
use (e.g. 11/30/2014).
o 8.
Disclose An applicant must fully disclose whether the applicant or the applicant’s predecessor in
interest has led an application to register the mark, or a portion or composite of the mark,
with the United States Patent and Trademark Ofce.
o 9.
Manner mark is used List the manner in which the mark is used or communicated to the consuming public,
such as tags or labels attached to goods; or newspapers, brochures or signs advertising
services. If the application is for more than one (1) class, list the manner in which the mark
is used in each class.
Continue.
o 10.
Appropriate specimens Three (3) identical (meaning: three of the same) original specimens supporting the goods/
services described and supporting the manner in which the mark is used must be attached
to the application. Check the box for each type of specimen included. Include at least
one (1) specimen for each class. If color is claimed as a feature of the mark, include the
specimens showing the mark in color. The specimens must be at and no larger than
8½” x 11”. Original specimens that have been altered or defaced in any manner are not
acceptable.
Trademarks
Acceptable specimens include actual labels, wrappers or tags afxed to, or containers
used with, the goods. A photograph of an actual display that appears in immediate
proximity to the goods (“point-of-sale” display) is also an acceptable specimen. Brochures
that advertise the product are not sufcient.
Service marks
Acceptable specimens include actual materials used in selling or advertising the services,
such as menus, newspaper advertisements, coupons, brochures, yers, business
cards and the like. To serve as specimens, advertising materials must contain some
understandable reference to the services described in the application and contact
information to obtain the services. Envelopes, letterhead and invoices are not acceptable.
o 11.
Declaration of
ownership
See statement on application of applicant claiming ownership of the mark.
o 12.
Signature The applicant/owner named must sign the application. An application made by a business
entity must be signed by an authorized person. Before signing, carefully review the
application.
Examination Process
An application for trade or service mark registration undergoes an examination process similar to the federal registration process.
A “trademark examiner” reviews the application to ascertain whether the proposed mark is registrable under Kansas law, federal
stautory law (upon which the Kansas trademark statute is based), and federal case law. Examining procedures similar to those
used by the United States Patent and Trademark Ofce (USPTO) are used by the Secretary of State to examine applications.
During the course of the examination process, the trademark examiner may require the applicant to disclaim an unregistrable
component of a mark that is otherwise registrable. The purpose of a disclaimer is to permit the registration of a mark that is
registrable as a whole but contains matter that would not be registrable standing alone. A disclaimer amounts to a statement that,
insofar as the particular registration is concerned, no rights are being asserted in the disclaimed component standing alone, but
rights are asserted in the mark as a whole. Generally, components that are generic or descriptive of the goods or services would
be disclaimed (e.g., an outline of the state, a geographic term of origin, or words that are commonly used to describe the goods or
services). A disclaimer may be included in an original application. An application cannot disclaim all elements of the proposed mark.
If the application for registration is approved, we will return a Certicate of Registration to the applicant/owner, or upon request, to
the submitter. Not all applications submitted to the Secretary of State are approved for registration. If an application is rejected, we
will notify the submitter of the objections to registration.
The trademark examiners cannot provide legal advice with regard to trademark law applicable to a particular circumstance.
Because trademark law is quite complex, the Secretary of State recommends that persons seeking to register a mark consult with
a private attorney.
Inst.
K.S.A. 81-204
Rev. 11/13/18 tc
Please proceed to form.
Please check one:
o
Trademark
o
Service mark
1. Applicant/owner name
Owner of mark—individual,
corporation, or other entity.
2. Business address
Address will be used to send
ofcial mail from the Kansas
Secretary of State’s Ofce.
Do not leave blank.
Address
City State Zip Country
3. Business structure of
applicant/owner
Check one and complete.
o Corporation
State of Organization
o Limited Liability Company
State of Organization
o Limited Partnership
State of Organization
o Limited Liability Partnership
State of Organization
o Other Business Entity
State of Organization
Names of general
partners if applicant
is a partnership
Attach additional sheet if
necessary.
Name Name
Name Name
Name Name
4. Name of mark
This is how the mark will be
searched with the Kansas
Secretary of State’s ofce.
THIS SPACE FOR OFFICE USE ONLY.
1 / 3
K.S.A. 81-204
Rev. 11/13/18 tc
Please continue to next page.
kansas secretary of state
Trademark or Service Mark Application
TSA
58-01
58-02
Kansas Ofce of the Secretary of State:
Memorial Hall, 1st Floor (785) 296-4564
120 S.W. 10th Avenue kssos@sos.ks.gov
Topeka, KS 66612-1594 www.sos.ks.gov
Please
Do Not
Staple
Print
Reset
Please complete the form, print, sign and mail to the
Kansas Secretary of State with the filing fee. Selecting
'Print' will print the form and 'Reset' will clear the entire
form.
5. Description of mark
For design, provide a brief
written description that can be
pictured in the mind without
reference to the specimens.
Do not draw the design on the
application.
6. Disclaimer
(If Applicable)
No claim is made to the exclusive right to use the words below apart from the mark as shown.
7a. Classication
number(s)
See classication schedule
attached.
7b. If a trademark, list
specic goods.
If a service mark, list
specic services
7c. Date the mark was rst
used in Kansas
Month Day Year
7d. Date the mark was
rst used anywhere
Month Day Year
8. USPTO trademark
registration/application
Complete the following if the
applicant or a predecessor in
interest led an application to
register the mark or portions of
the mark with the United States
Patent and Trademark Ofce.
o Check if this item does not apply
Filing date
Month Day Year
Serial/File No. Status of application
If refused, why?
9. Manner in which the
mark is used
If more than one (1) class, list
the manner in which the mark
is used in each class.
2 / 3
K.S.A. 81-204
Rev. 11/13/18 tc
Please continue to next page.
10. Specimens
Check the applicable boxes
and enclose three (3) original
identical specimens supporting
the goods/services described in
question 7.
Include at least one (1)
specimen for each class.
For Trademarks Only
(Specimen must show the mark clearly afxed
to the product.)
o Actual Labels/Stickers on Products
o Actual Tags or Wrappers
o Photographs of Goods/Containers
Showing the Mark
o Front Panels of a Paper Container
Bearing the Mark
For Service Marks Only
(Specimen must show the mark and reference
services and contact information to obtain services.)
o Advertising Leaets
o Advertising Brochures
o Webpage Showing the URL Address
o Menus Showing the Mark
o Business Card that References Services
11. Declaration of
ownership
Applicant declares that the applicant is the owner of the mark, that the mark is in use, and that
to the knowledge of the person verifying the application, no other person has registered the
mark, either federally or in this state, or is entitled to use the mark in this state, either in the
identical form used by the applicant or in a form that is likely, when used on or in connection
with the goods or services of the other person, to cause confusion or mistake, or to deceive,
because of its resemblance to the mark.
12. I state that I am the applicant, a member of the rm applying, or an ofcer 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
Name of Applicant / Owner (printed or typed)
Phone Number
3 / 3
K.S.A. 81-204
Rev. 11/13/18 tc
Please review to ensure completion.
Class 1 (Chemicals): Chemicals used in industry, science
and photography, as well as in agriculture, horticulture and
forestry; unprocessed articial resins; unprocessed plastics;
manures; re extinguishing compositions; tempering and
soldering preparations; chemical substances for preserving
foodstuffs; tanning substances; adhesives used in industry.
Class 2 (Paints): Paints, varnishes, lacquers; preservatives
against rust and against deterioration of wood; colorants;
mordants; raw natural resins; metals in foil and powder form
for painters, decorators, printers and artists.
Class 3 (Cosmetics and cleaning preparations):
Bleaching preparations and other substances for laundry
use; cleaning, polishing, scouring and abrasive preparations;
soaps; perfumery, essential oils, cosmetics, hair lotions;
dentifrices.
Class 4 (Lubricants and fuels): Industrial oils and greases;
lubricants; dust absorbing, wetting and binding compositions;
fuels (including motor spirit) and illuminants; candles and
wicks for lighting.
Class 5 (Pharmaceuticals): Pharmaceutical and veterinary
preparations; sanitary preparations for medical purposes;
dietetic substances adapted for medical use, food for babies;
plasters, materials for dressings; material for stopping teeth,
dental wax; disinfectants; preparations for destroying vermin;
fungicides, herbicides.
Class 6 (Metal Goods): Common metals and their alloys;
metal building materials; transportable buildings of metal;
materials of metal for railway tracks; nonelectric cables and
wires of common metal; ironmongery, small items of metal
hardware; pipes and tubes of metal; safes; goods of common
metal not included in other classes; ores.
Class 7 (Machinery): Machines and machine tools; motors
and engines (except for land vehicles); machine coupling
and transmission components (except for land vehicles);
agricultural implements other than hand-operated; incubators
for eggs.
Class 8 (Hand tools): Hand tools and implements (hand-
operated); cutlery; side arms; razors.
Class 9 (Electrical and scientic apparatus): Scientic,
nautical, surveying, photographic, cinematographic, optical,
weighing, measuring, signalling, checking (supervision), life-
saving and teaching apparatus and instruments; apparatus
and instruments for conducting, switching, transforming,
accumulating, regulating or controlling electricity; apparatus
for recording, transmission or reproduction of sound or
images; magnetic data carriers, recording discs; automatic
vending machines and mechanisms for coin operated
apparatus; cash registers, calculating machines, data
processing equipment and computers; re extinguishing
apparatus.
Class 10 (Medical apparatus): Surgical, medical, dental,
and veterinary apparatus and instruments, articial limbs,
eyes, and teeth; orthopedic articles; suture materials.
Class 11 (Environmental control apparatus): Apparatus
for lighting, heating, steam generating, cooking, refrigerating,
drying, ventilating, water supply, and sanitary purposes.
Class 12 (Vehicles): Vehicles; apparatus for locomotion by
land, air, or water.
Class 13 (Firearms): Firearms; ammunition and projectiles;
explosives; reworks.
Class 14 (Jewelry): Precious metals and their alloys and
goods in precious metals or coated therewith, not included
in other classes; jewelry, precious stones; horological and
chronometric instruments.
Class 15 (Musical Instruments): Musical instruments.
Class 16 (Paper goods and printed matter): Paper,
cardboard and goods made from these materials, not
included in other classes; printed matter; bookbinding
material; photographs; stationery; adhesives for stationery
or household purposes; artists’ materials; paint brushes;
typewriters and ofce requisites (except furniture);
instructional and teaching material (except apparatus);
K.S.A. 81-204
Rev. 11/13/18 tc
n International Schedule of Classes of Goods
Use to respond to Question 7a.
kansas secretary of state
Trademark or Servicemark Application
Kansas Ofce of the Secretary of State:
Memorial Hall, 1st Floor (785) 296-4564
120 S.W. 10th Avenue kssos@sos.ks.gov
Topeka, KS 66612-1594 www.sos.ks.gov
TSA
58-01
58-02
Please do not mail this page
with the application.
plastic materials for packaging (not included in other
classes); printers’ type; printing blocks.
Class 17 (Rubber goods): Rubber, gutta-percha, gum,
asbestos, mica and goods made from these materials and
not included in other classes; plastics in extruded form
for use in manufacture; packing, stopping and insulating
materials; exible pipes, not of metal.
Class 18 (Leather goods): Leather and imitations of leather,
and goods made of these materials and not included in other
classes; animal skins, hides; trunks and travelling bags;
umbrellas, parasols and walking sticks; whips, harness and
saddlery.
Class 19 (Nonmetallic building materials): Building
materials (non-metallic); nonmetallic rigid pipes for building;
asphalt, pitch and bitumen; nonmetallic transportable
buildings; monuments, not of metal.
Class 20 (Furniture and articles not otherwise
classied): Furniture, mirrors, picture frames; goods (not
included in other classes) of wood, cork, reed, cane, wicker,
horn, bone, ivory, whalebone, shell, amber, mother-of-pearl,
meerschaum and substitutes for all these materials, or of
plastics.
Class 21 (Housewares and glass): Household or kitchen
utensils and containers; combs and sponges; brushes
(except paint brushes); brush-making materials; articles for
cleaning purposes; steel-wool; unworked or semi-worked
glass (except glass used in building); glassware, porcelain
and earthenware not included in other classes.
Class 22 (Cordage and bers): Ropes, string, nets, tents,
awnings, tarpaulins, sails, sacks and bags (not included in
other classes); padding and stufng materials (except of
rubber or plastics); raw brous textile materials.
Class 23 (Yarns and threads): Yarns and threads, for textile
use.
Class 24 (Fabrics): Textiles and textile goods, not included
in other classes; beds and table covers.
Class 25 (Clothing): Clothing, footwear, headgear.
Class 26 (Fancy goods): Lace and embroidery, ribbons and
braid; buttons, hooks and eyes, pins and needles; articial
owers.
Class 27 (Floor coverings): Carpets, rugs, mats and
matting, linoleum and other materials for covering existing
oors; wall hangings (non-textile).
Class 28 (Toys and sporting goods): Games and
playthings; gymnastic and sporting articles not included in
other classes; decorations for Christmas trees.
Class 29 (Meats and processed foods): Meat, sh, poultry
and game; meat extracts; preserved, frozen, dried and
cooked fruits and vegetables; jellies, jams, compotes; eggs,
milk and milk products; edible oils and fats.
Class 30 (Staple foods): Coffee, tea, cocoa, sugar, rice,
tapioca, sago, articial coffee; our and preparations made
from cereals, bread, pastry and confectionery, ices; honey,
treacle; yeast, baking powder; salt, mustard; vinegar, sauces
(condiments); spices; ice.
Class 31 (Natural agricultural products): Agricultural,
horticultural and forestry products and grains not included
in other classes; live animals; fresh fruits and vegetables;
seeds, natural plants and owers; foodstuffs for animals;
malt.
Class 32 (Light beverages): Beers; mineral and aerated
waters and other nonalcoholic drinks; fruit drinks and fruit
juices; syrups and other preparations for making beverages.
Class 33 (Wine and spirits): Alcoholic beverages (except
beers).
Class 34 (Smokers’ articles): Tobacco; smokers’ articles;
matches.
K.S.A. 81-204
Rev. 11/13/18 tc
n International Schedule of Classes of Goods (Cont’d.)
Use to respond to Question 7a.
Please do not mail this page
with the application.
K.S.A. 81-204
Rev. 11/13/18 tc
Class 35 (Advertising and business): Advertising;
business management; business administration; ofce
functions.
Class 36 (Insurance and nancial): Insurance; nancial
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 scientic): Scientic 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
kansas secretary of state
Trademark or Servicemark Application
Kansas Ofce of the Secretary of State:
Memorial Hall, 1st Floor (785) 296-4564
120 S.W. 10th Avenue kssos@sos.ks.gov
Topeka, KS 66612-1594 www.sos.ks.gov
TSA
58-01
58-02
Use to respond to Question 7a.
Please do not mail this page
with the application.
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Completed 14 October 2020

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