Administrative Rules of Montana
Department 44 - SECRETARY OF STATE
Chapter 44.5 - BUSINESSES
Subchapter 44.5.1 - Filing Fees and Format
Rule 44.5.141 - REQUIREMENTS FOR FILING TRADEMARK APPLICATIONS, RENEWALS, AND ASSIGNMENTS
Universal Citation: MT Admin Rules 44.5.141
Current through Register Vol. 24, December 20, 2024
(1) The requirements for filing trademark applications are as follows:
(a) submission
of the completed application for registration of mark (trademark - service
mark) form available at sos.mt.gov or upon request from the secretary of
state's office; or
(b) submission
of a document that includes all information required on the application for
registration of mark (trademark - service mark) form; and
(c) the information provided must include the
class or classes that best describe the goods or services selected from the
classes of goods and services available at sos.mt.gov or at
www.uspto.gov or from the secretary of
state's office.
(2) The classes of goods and services used by the Montana secretary of state's office shall conform with the United States patent and trademark office.
(3) The requirements for filing a renewal of a registered trademark are as follows:
(a)
submission of the completed application for renewal of mark form available at
sos.mt.gov or upon request from the secretary of state's office; or
(b) submission of a document that includes
all information required on the application for renewal of mark form; and
(i) the information provided must list a
class selected from the classes of goods and services available at sos.mt.gov
or at www.uspto.gov or from the secretary of
state's office, if the renewal for a trademark is for a trademark registered
before July 1, 2003; or
(ii) the
information provided must list the same class used to describe the goods or
services that was used on the original application if the original application
was filed after July 1, 2003.
(4) The requirements for filing an assignment or statement of change of ownership or other instruments related to the mark are as follows:
(a) submission of the
completed statement of change of ownership for trademark or service mark form
available at sos.mt.gov or upon request from the secretary of state's office;
or
(b) submission of a document
that includes all information required on the application for renewal of mark
form.
Sec. 2-4-201, 30-13-311, and 30-13-331, MCA; IMP, Sec. 30-13-311 and 30-13-331, MCA;
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