"Application to Register or Renew Trademark, Service Mark or Trade Name in Alabama" - Alabama

Application to Register or Renew Trademark, Service Mark or Trade Name in Alabama is a legal document that was released by the Alabama Secretary of State - a government authority operating within Alabama.

Form Details:

  • Released on December 1, 2018;
  • The latest edition currently provided by the Alabama Secretary of State;
  • Ready to use and print;
  • Easy to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of the form by clicking the link below or browse more documents and templates provided by the Alabama Secretary of State.

ADVERTISEMENT
ADVERTISEMENT

Download "Application to Register or Renew Trademark, Service Mark or Trade Name in Alabama" - Alabama

Download PDF

Fill PDF online

Rate (4.5 / 5) 17 votes
Page background image
STATE OF ALABAMA
INSTRUCTIONS FOR APPLICATION TO REGISTER/RENEW
TRADEMARK, SERVICE MARK, OR TRADE NAME IN ALABAMA
REGISTRATION/RENEWAL
Trademark, service mark, and trade name (hereinafter referred to as “marks”) registrations are administered at the state level in the
Office of the Secretary of State. Any word, symbol, logo, slogan or combination thereof adopted and used by the applicant to
identify services rendered is a Service Mark. Any word, symbol, logo, slogan or any combination thereof adopted and used by the
applicant to identify goods made or sold is a Trademark. A word, symbol, logo, slogan or combination thereof adopted and used by
the applicant to identify the business, vocation, occupation, or profession is a Trade Name.
Registration of marks is a complex matter. Because of the complexity of the laws pertaining to registration of marks, this office
recommends that applicants seek the advice of (a) specifically trained and/or licensed professional(s) prior to submitting the
application. It is the applicant’s personal responsibility to ensure the mark does not infringe on any other individual/business
mark. It is also the responsibility of the applicant to ensure the mark is not being used in a fraudulent manner. Rejection/denial of the
application by this office does not prevent use of the mark. Rights of ownership of a particular mark are achieved through the
common laws of adoption and usage, not registration. The effective term for mark registrations is five years. A mark may
be renewed for successive periods of five years six months prior to the expiration date if the mark is still in use in the state.
SPECIMENS
Specimens are an important part of the registration process. Specimens are samples which perform the function of verifying usage
of a mark. Clear copies of specimens are generally accepted. Before submitting the application for registration, inspect all
specimens for clarity. Altered or defaced specimens will not be accepted. Illegible specimens are also unacceptable. All specimens
submitted must be clear and clean. Three specimens displaying the mark in use must be submitted with the application to register a
mark. One specimen must be submitted with application for a mark registration renewal. Some acceptable mark specimens
are business cards, brochures, flyers, labels, decals, tags, and newspaper advertisements. Specimens may be originals or legible
copies.
APPLICATION
Before submitting the Application for Registration or Renewal, review the items below to ensure the application has
been completed. Failure to do so may result in rejection/denial of the application.
1.
Complete ALL applicable items on the application to register or renew trademark, service mark and trade name.
Please Note: Questions 3, 9 and 10 may not apply to all applications for registration. If “partnership” is selected for Question 2, please list
the names and addresses of ALL partners for Question 3. If applicant has received permission to use the mark being registered,
applicant must submit a notarized written consent and disclaimer from the owner of the mark for Questions 9 and 10. The written consent
and disclaimer must be submitted with the application. If renewal applicant is different from original applicant as a result of the lawful transfer
of the mark, a statement of assignment must be filed in this office prior to renewal. If applicant is different due to legal name change, please
attach notarized evidence of such filing.
2.
Select one classification number using the attached Schedules of Classifications to complete Question 7.
Please Note: When an application includes goods or services which fall within multiple classes, the Office of the Secretary of State requires
an additional application for registration and an additional registration fee for each class.
3.
Submit three (3) specimens for registration, or one (1) specimen for renewal, and a thirty dollar ($30.00) filing fee at the time of filing.
4.
If a Federal Registration has been granted for the mark, include a copy with the application for registration.
If you have questions, please contact:
Office of Secretary of State
Trademarks Division
11 South Union Street, Suite 224
Montgomery, Alabama 36130
(334) 242-5325
STATE OF ALABAMA
INSTRUCTIONS FOR APPLICATION TO REGISTER/RENEW
TRADEMARK, SERVICE MARK, OR TRADE NAME IN ALABAMA
REGISTRATION/RENEWAL
Trademark, service mark, and trade name (hereinafter referred to as “marks”) registrations are administered at the state level in the
Office of the Secretary of State. Any word, symbol, logo, slogan or combination thereof adopted and used by the applicant to
identify services rendered is a Service Mark. Any word, symbol, logo, slogan or any combination thereof adopted and used by the
applicant to identify goods made or sold is a Trademark. A word, symbol, logo, slogan or combination thereof adopted and used by
the applicant to identify the business, vocation, occupation, or profession is a Trade Name.
Registration of marks is a complex matter. Because of the complexity of the laws pertaining to registration of marks, this office
recommends that applicants seek the advice of (a) specifically trained and/or licensed professional(s) prior to submitting the
application. It is the applicant’s personal responsibility to ensure the mark does not infringe on any other individual/business
mark. It is also the responsibility of the applicant to ensure the mark is not being used in a fraudulent manner. Rejection/denial of the
application by this office does not prevent use of the mark. Rights of ownership of a particular mark are achieved through the
common laws of adoption and usage, not registration. The effective term for mark registrations is five years. A mark may
be renewed for successive periods of five years six months prior to the expiration date if the mark is still in use in the state.
SPECIMENS
Specimens are an important part of the registration process. Specimens are samples which perform the function of verifying usage
of a mark. Clear copies of specimens are generally accepted. Before submitting the application for registration, inspect all
specimens for clarity. Altered or defaced specimens will not be accepted. Illegible specimens are also unacceptable. All specimens
submitted must be clear and clean. Three specimens displaying the mark in use must be submitted with the application to register a
mark. One specimen must be submitted with application for a mark registration renewal. Some acceptable mark specimens
are business cards, brochures, flyers, labels, decals, tags, and newspaper advertisements. Specimens may be originals or legible
copies.
APPLICATION
Before submitting the Application for Registration or Renewal, review the items below to ensure the application has
been completed. Failure to do so may result in rejection/denial of the application.
1.
Complete ALL applicable items on the application to register or renew trademark, service mark and trade name.
Please Note: Questions 3, 9 and 10 may not apply to all applications for registration. If “partnership” is selected for Question 2, please list
the names and addresses of ALL partners for Question 3. If applicant has received permission to use the mark being registered,
applicant must submit a notarized written consent and disclaimer from the owner of the mark for Questions 9 and 10. The written consent
and disclaimer must be submitted with the application. If renewal applicant is different from original applicant as a result of the lawful transfer
of the mark, a statement of assignment must be filed in this office prior to renewal. If applicant is different due to legal name change, please
attach notarized evidence of such filing.
2.
Select one classification number using the attached Schedules of Classifications to complete Question 7.
Please Note: When an application includes goods or services which fall within multiple classes, the Office of the Secretary of State requires
an additional application for registration and an additional registration fee for each class.
3.
Submit three (3) specimens for registration, or one (1) specimen for renewal, and a thirty dollar ($30.00) filing fee at the time of filing.
4.
If a Federal Registration has been granted for the mark, include a copy with the application for registration.
If you have questions, please contact:
Office of Secretary of State
Trademarks Division
11 South Union Street, Suite 224
Montgomery, Alabama 36130
(334) 242-5325
SCHEDULE OF CLASSIFICATION OF BUSINESSES
14
Eating
drinking places
drugstores
liquor stores
1
and
,
, and
Agricu lture, forestry, and fisheries
2
15
Mining
Sporting goods, bicycles, and hobby stores
3
16
Construction
Book, stationery, jewelry, sewing, needlework,
and piece-goods stores
17
Mail-order houses, vending machine operators, and
direct selling establishments, fuel and ice dealers, and
4
Manufacturing, nondurable goods
retail florists
5
18
Manufacturing, durable goods
Retail trade - miscellaneous
6
Transportation, communications, and other public
utilities
19
Finance, insurance, and real estate
7
20
Wholesale trade, nondurable goods
Business and repair services
8
21
Wholesale trade, durable goods
Personal services
9
Retail trade - lumber and building materials, mobile
home dealers, hardware, nurseries and garden stores
22
Entertainment and recreation services
10
Retail trade - department, variety, miscellaneous
general merchandise, grocery, dairy products, retail
23
Professional and related services
bakery, and food stores
11
Retail trade - motor vehicle dealers, auto and home
supply stores, gasoline service stations, and miscellaneous
24
Public administration
vehicle dealers
12
25
Retail trade - apparel, accessory, and shoe stores
Miscellaneous
Please Note: If renewal applicant is different from original
applicant as a result of the lawful transfer of the mark, a statement
13
Retail trade - furniture, home furnishings, household
of assignment must be filed in this office prior to renewal. If
appliances, T.V. and radio stores.
applicant is different due to legal name change, please attach
evidence of such filing.
Please Note: When an application includes goods or services which fall within multiple classes, the Office of the Secretary of
State requires an additional application for registration and an additional registration fee for each class.
SCHEDULE OF CLASSIFICATION OF GOODS AND SERVICES
1
24
Chemicals
Textiles and Textile Goods
2
25
Paints
Clothing, Footwear, Headgear
3
26
Cosmetics and Cleaning
Lace, Embroidery, Dressmaker's Articles, Wigs
27
4
Lubricants and Fuels
Floor Coverings
5
28
Pharmaceuticals
Toys, Sporting Goods, Novelty Items
6
29
Metal Goods
Meats and Processed Foods
7
30
Machinery, Razors, Cutlery
Staple Foods
8
31
Hand tools
Natural Agricultural Products
9
32
Electrical and Scientific Apparatus, Recording Media
Beverages, Beverage Syrup, Beer
10
33
Medical, Surgical, Dental, and Veterinary Apparatus
Alcoholic Beverages Except Beer
11
34
Environmental Control Apparatus
Tobacco, Smokers’ Articles, Matches
12
35
Vehicles
Advertising and Busin
ess Management
13
36
Firearms
Insurance, Financial Affairs, Real Estate Affairs
14
37
Jewelry, Precious Metals and Stones
Building Construction, Building Repair
15
38
Telecommunications
Musical Instruments
16
Paper Goods and Printed Matter
17
39
Rubber Goods
Transportation and Storage
18
40
Leather and Faux Leather Goods
Treatment of Materials
19
Non-Metallic Building Materials
41
Education, Entertainment, Sporting Activities
20
Furniture and Parts, Nonmetallic Containers, Shell, Bone
42
Computers, Scientific Services
21
43
Housewares, Personal Grooming, and Glassware
Hotels and Restaurants
22
Cordage and Fibers
44
Medical, Beauty and Agriculture Services
45
23
Legal, Security, and Personal Services
Yarns and Threads
Please Note : Categories for Goods and Services are governed by the United States Patent and Trademark Office (USPTO).
Explanation of categories, and more information for each category can be found on the USPTO website: www.uspto.gov
STATE OF ALABAMA
APPLICATION TO REGISTER OR RENEW
TRADEMARK, SERVICE MARK OR TRADE
NAME IN ALABAMA
This is an Application For: (Mark One Only)
Registration
Renewal
1.Applicant Name (Individual, Corporation, Partnership, LLC or LLP)
2.Applicant is Registered in the State of _________________ , as a(n)
Unincorporated
Non-profit
General Partnership
Limited Liability Company
Corporation
Individual
Sole Proprietor
Limited Liability Partnership 
_________________________________
Other
Zip Code 
Street Address       
City
County  
State            
      Telephone 
(
)
3.List Names and Addresses of Partners (If Applicable, Registration Only)
4.Description of Mark/Name to be registered
6.How the Mark/Name Will Be Used in Commerce (Ex: Mark is used on letterhead.)
5. Description of Goods, Services or Business Provided Under the Mark/Name
7.Classification No. (Old)
New No. (Renewal Only) Classification Type:
Business
Goods & Services
8.Mark Type:
Trademark
Trade Name
Service Mark
10. Other Entities Granted Consent to Use Mark/Name (If Applicable)
9. Disclaimer (If Applicable)
11a.Date Mark/Name was first used
State 
11b.Date On Which the Mark/Name Was First Used in Alabama (Registration
Only), OR Original Date Of Registration with Registration Number (Renewal Only)
/
/
______________________________  /  ____________________ 
/
Registration #:
/
12.
Email Address of Applicant: __________________________________________________________________________________________
13. Attach three (3) specimens for registration, or one (1) specimen for renewal, which exhibit the Mark/Name in use. Specimens for Trade Names must
be included.
14.
Attach the filing fee of thirty dollars ($30.00) payable to the Alabama Secretary of State. No starter checks will be accepted. If paying by credit card,
please fill out and attach the credit card payment slip.
I hereby swear, verify, and affirm that I am the owner of the Mark/Name, a member of the firm, or an officer of the corporation (or association) applying for the
registration or renewal or the Mark/Name above. I believe no other person has the right to use the Trademark, Service Mark or Trade Name in Alabama in
identical form thereof or in such near resemblance to deceive or cause to be mistaken pursuant to
§ 8-12-8(a)(4), Code of  Alabama 1975. Any exceptions are provided for in the Disclaimer and Consent section. If this application is submitted as a registration
renewal, I affirm the Mark/Name is still in use in this State and has not been abandoned; furthermore, I understand that if I am not the original applicant and have
obtained ownership of the above listed mark as a result of lawful transfer of the Mark/Name, a statement of assignment pursuant to §8-12-11, Code of Alabama,
1975, must be filed in this office prior to renewal. I have the authority to make this affidavit and verification. I have read the above foregoing application and know
the contents and the facts set out therein are true. I further attest that the affixed specimens filed are true and correct.
Name_______________________________________     Title_______
______________________________________________ 
(Owner, Member, CEO...)
Signature____________________________________________________
/
/
Date________________________________
Revision Date 12/2018
Page of 4