SENATE BILL REPORT

                   SB 5066

               As Passed Senate, March 12, 1997

Title:  An act relating to trademarks.

Brief Description:  Regulating trademarks.

Sponsors:  Senators Roach, Haugen and Johnson; by request of Secretary of State.

Brief History:

Committee Activity:  Law & Justice:  1/16/97 [DP].

Passed Senate, 3/12/97, 49-0.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Jacobsen, Long, Stevens 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:  This will simplify the application process and is supported by the business community.  The bill is revenue neutral.

Testimony Against:  None.

Testified:  Ralph Munro, Secretary of State (pro).