(1) A person who adopts and makes use in commerce of a trademark in this state may deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement of trademark registration to which a specimen and, if the trademark is a special form trademark, a drawing is attached.
(2) A statement of trademark registration shall state:
The true name of the registrant or, in the case of a general partnership that is not alimited liability partnership, the true name of at least one general partner of the general partnership;
If the registrant is an entity, the form of entity and the jurisdiction under the law ofwhich the entity is formed;
If the registrant is an individual, the individual's principal address;
If the registrant is an entity other than a reporting entity, the entity's principal address;
If the registrant is neither an individual resident of this state nor an entity that isrequired to maintain a registered agent pursuant to part 7 of article 90 of this title, either of the following:
If the registrant desires to appoint a registered agent pursuant to section 7-70-108, theregistered agent name, the registered agent address, and a statement that the person appointed as the registered agent for the registrant has consented to being so appointed; or
The mailing address to which service of process in any proceeding based on a causeof action with respect to the statement of trademark registration may be mailed pursuant to section 7-70-108;
If the trademark is a standard character trademark, the characters constituting thetrademark;
If the trademark is a special form trademark, a description of the attached drawing;
A detailed description of the goods or services in connection with which the trademark is used and the class into which such goods or services fall;
A description of the attached specimen sufficient to identify the nature of the specimen;
The date of first use in commerce of the trademark in this state by the registrant or theregistrant's predecessor in interest; and
That the registrant is currently using the trademark in commerce in this state and thatthe registrant believes, in good faith, that:
The registrant has the right to use the trademark in connection with the goods orservices listed pursuant to paragraph (h) of this subsection (2); and
The registrant's use of the trademark does not infringe the rights of any other personin that trademark.
(3) A statement of trademark registration shall not state a delayed effective date.
Source: L. 2006: Entire article R&RE, p. 110, § 1, effective May 29, 2007. L. 2007: (2)(c) and (2)(d) amended, p. 225, § 12, effective May 29. L. 2009: (2)(a) amended, (HB 091248), ch. 252, p. 1131, § 9, effective May 14.
Editor's note: This section is similar to former § 7-70-102 as it existed prior to 2006.