44.5.141    REQUIREMENTS FOR FILING TRADEMARK APPLICATIONS, RENEWALS, AND ASSIGNMENTS

(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.

History: Sec. 2-4-201, 30-13-311, and 30-13-331, MCA; IMP, Sec. 30-13-311 and 30-13-331, MCA; NEW, 2003 MAR p. 1892, Eff. 8/29/03.