WSR 15-19-106 EMERGENCY RULES SECRETARY OF STATE [Filed September 18, 2015, 9:14 a.m., effective September 18, 2015, 9:14 a.m.] Effective Date of Rule: Immediately upon filing.
Purpose: To clarify the administrative code section on trademark filings.
Citation of Existing Rules Affected by this Order: Amending WAC 434-12-025.
Statutory Authority for Adoption: RCW 19.77.115.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: To clarify the administrative code to provide improved customer service, this rule change is necessary to resolve differences and allow a change in comparison processes. The timing is necessary to settle pending legal action and avoid legal expenses.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: September 18, 2015.
Mark Neary
Assistant Secretary of State
AMENDATORY SECTION (Amending WSR 04-04-018, filed 1/23/04, effective 2/23/04)
WAC 434-12-025 Document and specimen standards for trademark filing.
(1) ((In addition to the requirements of WAC 434-112-040, the following rules apply to trademark filings.
(a))) Specimens submitted in support of a trademark filing must:
(((i))) (a) Be of sufficient quality, size and clarity to allow the ((corporations)) division to create and maintain an accurate digital image of the specimen; and
(((ii))) (b) Demonstrate that the trademark is in use in commerce; preliminary design artwork is not acceptable.
(((b))) (c) Be in pdf (portable document format), if filing online.
(2) Specimens submitted in support of a trademark reservation:
(((i))) (a) Must be of sufficient quality, size and clarity to allow the ((corporations)) division to create and maintain an accurate digital image of the specimen; and
(((ii))) (b) May be in the form of preliminary design artwork so long as the design clearly describes the trademark to be reserved((.
(2))); and
(c) Must be in pdf format, if filing online.
(3) Corporations division staff may reject submissions ((that do not meet these requirements)) based on the following criteria:
(a) Application is incomplete;
(b) Application is in pencil or unable to be scanned as a readable image;
(c) Trademark is not distinguishable from another on file in the secretary's office by comparing:
(i) Similarity or dissimilarity of marks in their entireties to appearance; or
(ii) Similarity or dissimilarity of goods and services classifications.
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