30-13-311. Application for registration. (1) Subject to the limitations set forth in this part, a person who adopts and uses a mark in this state may file in the office of secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth information including but not limited to the following:
     (a) the name and business address of the person applying for registration and, if a corporation, the state of incorporation or, if a limited liability company, the state of organization;
     (b) the essential feature of the mark to be registered;
     (c) the goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services and the class in which the goods or services fall;
     (d) the date when the mark was first used anywhere and the date when it was first used in this state by the applicant or the applicant's predecessor in business;
     (e) a statement that the mark is presently in use in this state by the applicant; and
     (f) a statement that the applicant is the owner of the mark and that no other person has the right to use the mark in this state either in the identical form or in a form that so nearly resembles it that it might be calculated to deceive or might be mistaken for it.
     (2) The application must be signed by the applicant or a member of the firm or limited liability company or an officer of the corporation or association applying.
     (3) The application must be accompanied by two copies of a specimen or facsimile of the mark.
     (4) The application for registration must be accompanied by a filing fee as provided for in 30-13-320.

     History: En. Sec. 4, Ch. 429, L. 1979; amd. Sec. 6, Ch. 131, L. 1983; amd. Sec. 6, Ch. 174, L. 1983; amd. Sec. 4, Ch. 119, L. 1985; amd. Sec. 82, Ch. 120, L. 1993.