AN
ACT Relating to trademarks; and amending RCW 19.77.030.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
19.77.030 and 1994 c 60 s 1 are each amended to read as follows:
(1)
Subject to the limitations set forth in this chapter, any person who has
adopted and is using a trademark in this state may file in the office of the
secretary of state, on a form to be furnished by the secretary of state, an
application for registration of that trademark setting forth, but not limited
to, the following information:
(((1)))
(a) The name and business address of the applicant, and, if the
applicant is a corporation, its state of incorporation;
(((2)))
(b) The particular goods or services in connection with which the
trademark is used and the class in which such goods or services fall;
(((3)))
(c) The manner in which the trademark is placed on or affixed to the
goods or containers, or displayed in connection with such goods, or used in
connection with the sale or advertising of the services;
(((4)))
(d) The date when the trademark was first used with such goods or
services anywhere and the date when it was first used with such goods or
services in this state by the applicant or his predecessor in business;
(((5)))
(e) A statement that the trademark is presently in use in this state by
the applicant;
(((6)))
(f) A statement that the applicant believes himself to be the owner of
the trademark and believes that no other person has the right to use such
trademark in connection with the same or similar goods or services in this
state either in the identical form or in such near resemblance thereto as to be
likely, when used on or in connection with the goods or services of such other
person, to cause confusion or mistake or to deceive; and
(((7)))
(g) Such additional information or documents as the secretary of state
may reasonably require.
(2)
A single application for registration of a trademark may specify all goods or
services in a single class or in multiple classes for which the
trademark is actually being used((, but may not specify goods or services in
different classes)).
(3)
The application shall be signed by the applicant individual, or by a member of
the applicant firm, or by an officer of the applicant corporation, association,
union or other organization.
(4)
The application shall be accompanied by three specimens or facsimiles of the
trademark for ((at least one)) each of the goods or services for
which its registration is requested, and a filing fee, as set by rule by the
secretary of state, payable to the secretary of state. The fee established
by the secretary may vary based upon the number of categories listed in the
application.
(5)
An applicant may correct an application previously filed by the secretary of
state, within ninety days of the original filing, if the application contains
an incorrect statement or the application was defectively executed, signed, or
acknowledged. An application is corrected by filing a form provided by the
secretary of state, and accompanied by a filing fee established by the
secretary by rule. The correction may not change the mark itself. A corrected
application is effective on the effective date of the document it corrects,
except that it is effective on the date the correction is filed as to persons
relying on the uncorrected document and adversely affected by the correction.
(6) An applicant may amend an application previously filed by
the secretary of state if the applicant changes the categories in which it does
business. An application is amended by filing a form provided by the secretary
of state, accompanied by three specimens or facsimiles of the trademark for any
new or additional goods or services for which the amendment is requested, and a
filing fee established by the secretary by rule. The amendment or correction
may not change the mark itself. An amended application is effective on the
date it is filed.
