Instructions for "Trademark and Service Mark Application" - Arkansas

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Arkansas Secretary of State
John Thurston
1401 W. Capitol, Suite 250 • Little Rock, AR 72201
501-682-3409 • www.sos.arkansas.gov
INSTRUCTIONS: Trademark or Service Mark Application
Application fee is $50.00 per mark, payable to: Arkansas Secretary of State.
Please use separate payment for each application submitted.
Corporations registered in Arkansas must be in “good standing” to have a mark considered.
Three (3) original specimens (samples) showing the mark as it is actually used in business must
be provided with the application. Examples of specimens include: product labels, letterhead,
business cards, actual products (i.e. mugs, t-shirts, key chains, menus) etc. Photocopies are not
acceptable unless depicting large signage or webpage printouts.
For further explanation, please read the “Trademark FAQs” available online at:
http://www.sos.arkansas.gov/BCS/Pages/trademarkServiceMark.aspx
***The following numbers correspond to the numbered sections on the Trademark/Service Mark
application:
1. Indicate if this Application is: a new application or renewal; a Trademark or Service Mark.
2. Complete the name of the applicant (individual, corporation, or partnership) who will own the mark.
Fictitious names or d/b/a’s are not accepted. Please be sure to use the correct corporate ending (Inc.,
LLC, P.A., etc.) if applicable; the corporation or partnership name provided on the application must
reflect how it is registered with the Secretary of State’s Office.
 If applicant is an individual (or more than 1 individual), list each individual name.
 A physical street address should be provided for the address section of #2. Post Office
Boxes are not acceptable and will be reason for rejection.
3. If the applicant is a business entity (Inc., LLC, PLLC, etc.), the state of incorporation must be provided
in the first blank for #3. If the applicant is a partnership, the state of organization and the name of the
general partners must be provided in the second blank for #3.
 Entities registered with the Arkansas Secretary of State must be up-to-date on all
reports and taxes necessary to maintain a status of “Good Standing.” If applicant is not
current, registration of a Trademark or Service Mark will not be considered.
 If applicant is applying as an individual, but is also an officer on file with an entity that is
“not current” with the Arkansas Secretary of State; the Trademark/Service Mark
application will not be considered until the entity is in “Good Standing.”
 If applicant is not registered with the Secretary of State and applying as a business
entity, the applicant must attach a copy of the certificate required to do business under
an assumed name. Ark. Code Ann. § 4-70-203 (filed with the County Clerk in all
counties where doing business).
Rev. 11/18
Arkansas Secretary of State: Trademark Application Instructions
Page 1 of 4
Arkansas Secretary of State
John Thurston
1401 W. Capitol, Suite 250 • Little Rock, AR 72201
501-682-3409 • www.sos.arkansas.gov
INSTRUCTIONS: Trademark or Service Mark Application
Application fee is $50.00 per mark, payable to: Arkansas Secretary of State.
Please use separate payment for each application submitted.
Corporations registered in Arkansas must be in “good standing” to have a mark considered.
Three (3) original specimens (samples) showing the mark as it is actually used in business must
be provided with the application. Examples of specimens include: product labels, letterhead,
business cards, actual products (i.e. mugs, t-shirts, key chains, menus) etc. Photocopies are not
acceptable unless depicting large signage or webpage printouts.
For further explanation, please read the “Trademark FAQs” available online at:
http://www.sos.arkansas.gov/BCS/Pages/trademarkServiceMark.aspx
***The following numbers correspond to the numbered sections on the Trademark/Service Mark
application:
1. Indicate if this Application is: a new application or renewal; a Trademark or Service Mark.
2. Complete the name of the applicant (individual, corporation, or partnership) who will own the mark.
Fictitious names or d/b/a’s are not accepted. Please be sure to use the correct corporate ending (Inc.,
LLC, P.A., etc.) if applicable; the corporation or partnership name provided on the application must
reflect how it is registered with the Secretary of State’s Office.
 If applicant is an individual (or more than 1 individual), list each individual name.
 A physical street address should be provided for the address section of #2. Post Office
Boxes are not acceptable and will be reason for rejection.
3. If the applicant is a business entity (Inc., LLC, PLLC, etc.), the state of incorporation must be provided
in the first blank for #3. If the applicant is a partnership, the state of organization and the name of the
general partners must be provided in the second blank for #3.
 Entities registered with the Arkansas Secretary of State must be up-to-date on all
reports and taxes necessary to maintain a status of “Good Standing.” If applicant is not
current, registration of a Trademark or Service Mark will not be considered.
 If applicant is applying as an individual, but is also an officer on file with an entity that is
“not current” with the Arkansas Secretary of State; the Trademark/Service Mark
application will not be considered until the entity is in “Good Standing.”
 If applicant is not registered with the Secretary of State and applying as a business
entity, the applicant must attach a copy of the certificate required to do business under
an assumed name. Ark. Code Ann. § 4-70-203 (filed with the County Clerk in all
counties where doing business).
Rev. 11/18
Arkansas Secretary of State: Trademark Application Instructions
Page 1 of 4
4. Using the attached Trademark and Service mark classification information sheet (page 4 of these
instructions), list the class number and title that best describes your product or service. If applying for
a Trademark, choose from the “Goods” class numbers 1-34. If applying for a Service mark, choose
from “Service” class numbers 35-45.
Note: If applying for a Trademark, you may only select Trademark classification(s); if applying for a
Service mark, you may only select Service mark classification(s). An application for a Trademark with
Service mark classifications listed (or vice versa) will be rejected.
 Please only use the options provided on the classification list. Applicant may not use a
classification that is not included on the classification list.
 If applicant wishes to protect the mark as both a Trademark and a Service mark, two
separate applications will be required, along with separate payment and specimens for
each application (one for a Trademark and one for a Service mark.)
5. Describe the product or service that is promoted or used in connection with the mark. If the mark is
for a manufactured product, name the product (i.e. soap, jam, ladies clothing). If the mark is used to
advertise services, describe the service you offer (i.e. retail sales, car wash, restaurant).
 Example description for products/goods: The mark is used in connection with a brand of
off-road tires; a line of cosmetics; sporting equipment; etc.
 Example description for services: The mark is used in connection with services for a
bed and breakfast; an automotive shop; a hair salon; etc.
6. Explain how the mark will be used to advertise the product or service.
 Example: The mark will be used on product labels, clothing tags, business cards,
website, signage, etc.
7. Provide a specific and detailed description of the mark exactly as it appears on the specimens
provided. Describe the features of the mark including the words, lettering or pictures, as well as
placement of text and all design features within the mark.
 If the mark consists solely of words, only list the words in the description.
 Color may be included; however, all specimens must show the same color scheme as
listed in the description. If applicant wishes to protect more than one color scheme,
separate applications will be required for each color scheme described, along with
separate payment for each.
 “See attached specimens” is not acceptable; a detailed written description must be
given.
 Applicant may attach a separate sheet to the application if additional space is necessary
to adequately describe the mark.
Note: Our Office may ask the applicant to “disclaim” certain words, phrases, or design elements
within the mark. Commonly used words and geographical locations typically require a disclaimer (i.e.
the state name “Arkansas” or the word “restaurant”). It is a simple statement that can be added to the
end of description in #7. Ex: Applicant disclaims exclusive right to use the word “Jacksonville” unless
used in connection with the mark.
Rev. 11/18
Arkansas Secretary of State: Trademark Application Instructions
Page 2 of 4
8. Give the date the mark was first used anywhere and the date it was first used in Arkansas. No mark
can be registered in Arkansas until the mark is used in the state, and the product or service is
available in this state.
 The dates must be provided in (month/day/year) format.
 If applicant owns a Federal Trademark, please provide the current registration number.
If applicant has applied for registration of a Federal Trademark, please provide the
serial number. Failure to notify our Office of current or pending Federal marks may
adversely affect the application.
9. Provide three (3) original specimens showing the mark as it is actually used in business. The
specimens must be original. Photocopies are not accepted unless they are pictures of signage too
large to mail or webpage “screen shots.” If colors of the mark are a distinguishing characteristic, all
three specimens should include the specific colors as described in #7 of the application.
 Examples of specimens include: product labels, letterhead, business cards, actual
products (i.e. mugs, t-shirts, key chains, menus, etc.) Applicant may provide three (3)
identical original specimens as stated above.
 Web page “screen shots” are only acceptable when the web address is clearly visible
and originates from the applicant’s own website. Social media pages (Facebook,
Twitter, etc.) are NOT acceptable.
 All specimens submitted with the application must show current use in the state of
Arkansas. Specimens that are dated older than two years are not acceptable. Also, if an
out of state address appears on a specimen, applicant will be asked to provide proof the
product or service is used in Arkansas.
10. Affidavit and sworn statement. The name of the owner of the mark must be typed or printed in the
blank and the owner of the mark should sign on the signature line. Please provide a telephone
number that can be used for contact purposes.
 If the applicant is an individual, the correct title should read as “owner.”
If more than one individual own the mark, please attach a separate signed notarized
affidavit for each additional owner identified in #2.
 If the applicant is a partnership, the correct title should identify person signing as a
“General Partner.”
 If applicant is incorporated, an Officer with the corporation should sign and correctly list
their title accordingly. (“President”, “Treasurer”, “Member”, etc.)
 A member or manager of a limited liability company should sign on behalf of the LLC
 A non-employee attorney may sign when proof of corporate authorization has been
provided to our Office and signed by an officer on record with the Secretary of State. In-
house counsel is acceptable and should so indicate with words “General Counsel” (or
“Assistant General Counsel”, etc.)
11. The individual’s signature must be properly notarized.
 The Notary must be current and in good standing with the Secretary of State. Also, their
seal must be legible and in blue or black ink. To determine if a Notary is in good
standing, applicant may search the notary database at:
http://bcs.sos.arkansas.gov/NotarySearch
Rev. 11/18
Arkansas Secretary of State: Trademark Application Instructions
Page 3 of 4
 Corrections cannot be made to a notarized application. If the application is rejected, a
new application and notarization will be required.
CLASSIFICATIONS OF GOODS AND SERVICES
FOR TRADEMARK OR SERVICE MARK REGISTRATION
(Valid Responses To #4 of the Trademark/Service Mark Application)
Goods
Services
Class 1
Chemicals
Class 35
Advertising and business
Class 2
Paints
Class 36
Insurance and financial
Class 3
Class 37
Building construction and repair
Cosmetics and cleaning
preparations
Class 4
Lubricants and fuels
Class 38
Telecommunications
Class 5
Pharmaceuticals
Class 39
Transportation and storage
Class 6
Metal goods
Class 40
Treatment of materials
Class 7
Machinery
Class 41
Education and entertainment
Class 8
Hand tools
Class 42
Computer, scientific and legal
Class 9
Electrical and scientific apparatus
Class 43
Hotels and restaurants
Class 10
Medical apparatus
Class 44
Medical, beauty and agricultural
Class 11
Environmental control apparatus
Class 45
Personal
Class 12
Vehicles
Class 13
Firearms
Class 14
Jewelry
Class 15
Musical instruments
Class 16
Paper goods and printed matter
Class 17
Rubber goods
Class 18
Leather goods
Class 19
Nonmetallic building materials
Class 20
Furniture and articles not
otherwise classified
Class 21
Housewares and glass
Class 22
Cordage and fibers
Class 23
Yarns and threads
Class 24
Fabrics
Class 25
Clothing
Class 26
Fancy goods
Class 27
Floor coverings
Class 28
Toys and sporting goods
Class 29
Meats and processed foods
Class 30
Staple foods
Class 31
Natural agricultural products
Class 32
Light beverages
Class 33
Wine and spirits
Smokers’ articles
Class 34
****For further explanation on Trademarks and the registration process, please read the
“Trademark FAQs” available online at:
http://www.sos.arkansas.gov/BCS/Pages/trademarkServiceMark.aspx
Rev. 11/18
Arkansas Secretary of State: Trademark Application Instructions
Page 4 of 4
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