Current through Register 1527, August 2, 2024
Section 62.13 - Registration(1) An applicant who uses a mark in the Commonwealth may file an application for registration with the Division. The application for registration consists of a form supplied by the Division or a document formatted in the same manner as the Division form. The application for registration shall contain: (a) the applicant's name and business address;(b) if the applicant is a business entity, the type of entity and the state and date of organization;(c) if applicant is a partnership, the names of the general partners;(d) whether the applicant is seeking to register a trademark or a service mark;(e) a written description of the mark;(f) a brief description of the goods or services used in connection with the mark;(g) for each class, the number and class in which the goods or services fall;(h) a brief description of how the mark is used in connection with the goods or services;(i) the date the mark was first used anywhere, and in Massachusetts;(j)1. whether an application to register the mark or portions of the mark have been filed in the United States Patent and Trademark Office;2. if yes, for each application, provide the filing date and serial number; and3. the status of the application; and4. if the application has been refused, provide the reason for refusal.(k) a statement that the applicant is the owner of the mark, that the mark is in use, and that to the best of the applicant's knowledge, no other person has registered either federally or in Massachusetts or has the right to use the mark in identical form or in such near resemblance as to be likely, when applied to the goods or services of such person, as to cause confusion, mistake or deceive.(2) The application must be signed under the penalty of perjury. It must be accompanied by a specimen showing the mark in use. The specimen cannot be larger than 3 inches by 3 inches. The Division may require the applicant attach to the application a disclaimer of any exclusive right to use any descriptive, generic or geographically descriptive component of the mark.