SENATE BILL REPORT

                   HB 1250

              As Reported By Senate Committee On:

               Law & Justice, February 25, 1998

Title:  An act relating to trademarks.

Brief Description:  Regulating trademarks.

Sponsors:  Representatives Wensman, Costa, Sheahan, Sterk, Lantz, Kenney, Skinner, Sherstad, Lambert, Gardner, D. Schmidt and Pennington; by request of Secretary of State.

Brief History:

Committee Activity:  Law & Justice:  2/23/98, 2/25/98 [DP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Hargrove, Kline, Long, Stevens, Thibaudeau and Zarelli.

Staff:  Dick Armstrong (786-7460)

Background:  A person who wants to have the exclusive use in Washington of a trademark (usually a symbol or mark designating his or her particular goods and services) must file the trademark with the Secretary of State.  Currently, a separate application is required for each category or classification of goods and services.  In addition, the statute does not allow for corrections or amendments.

The Secretary of State is proposing that the application procedures be simplified for anyone registering a trademark.

Summary of Bill:  An application for a trademark may specify all goods and services, even if such goods and services are in different categories.  The Secretary of State may charge a fee based on the number of categories.

An applicant may correct an application within 90 days of the original filing if the application contains an incorrect statement or was not properly executed.

In addition, the owner of a trademark may add or delete categories at any time by submitting an amendment to the original applications.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.