WSR 15-23-024
[Filed November 9, 2015, 3:35 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-19-120.
Title of Rule and Other Identifying Information: Trademarks, amending WAC 434-12-025.
Hearing Location(s): Corporations and Charities Division, 801 Capitol Way South, Olympia, WA, (360) 725-0378, on December 22, 2015, at 9:00 a.m.
Date of Intended Adoption: December 23, 2015.
Submit Written Comments to: Pam Floyd, Director, Corporations Division, Office of the Secretary of State, P.O. Box 40234, Olympia, WA 98504, e-mail, fax (360) 586-4989, by December 22, 2015.
Assistance for Persons with Disabilities: Contact Pam Floyd by December 21, 2015, (360) 725-0378.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify the administrative code section on trademark filings.
Chapter 434-12 WAC, Trademarks, changes include allowing the comparison of classifications to be used in determining differences between trademarks proposed to be filed and those already on file. Updating the procedure will be more like the federal trademark comparison procedure and cause less confusion for customers.
Statutory Authority for Adoption: RCW 19.77.115.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Office of the secretary of state, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Pam Floyd, P.O. Box 40234, Olympia, WA 98504-0234, (360) 725-0378.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable.
November 9, 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.