Bill Text: AZ HB2047 | 2016 | Fifty-second Legislature 2nd Regular | Engrossed
Bill Title: Trade names; trademarks; online registration
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2016-03-08 - Senate majority caucus: Do pass [HB2047 Detail]
Download: Arizona-2016-HB2047-Engrossed.html
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House Engrossed |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HOUSE BILL 2047 |
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AN ACT
amending sections 44-1443, 44-1445, 44-1460 and 44-1460.02, Arizona Revised Statutes; relating to the secretary of state.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 44-1443, Arizona Revised Statutes, is amended to read:
44-1443. Application for registration
A. Subject to the limitations set forth in this article, any person who is domiciled in this state and who adopts and uses a trademark or service mark, or any person who adopts and uses a trademark or service mark in this state, may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:
1. The name and business address of the person applying for such registration and, if a corporation, the state of incorporation.
2. The goods or services in connection with which the mark is used, the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall.
3. The date when the mark was first used anywhere, and the date when it was first used in this state by the applicant or his the applicant's predecessor in business.
4. A statement that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor.
B. The application shall be:
1. Signed and verified by the applicant, or by a member of the firm or any officer of the corporation or association applying.
2. Accompanied by a specimen or facsimile of such mark in triplicate.
C. the application for registration may be submitted on a form furnished by the secretary of state or on the secretary of state's website. The secretary of state shall allow registration to be completed and submitted on the secretary of state's website.
Sec. 2. Section 44-1445, Arizona Revised Statutes, is amended to read:
44-1445. Duration of registration; renewal notice; application and fee
A. Registration of a mark under the provisions of this article shall be effective for a term of ten years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form to be furnished by the secretary of state, The registration may be renewed for a like term if the application is filed within six months before the registration term expires. A mark registration may be renewed for successive periods of ten years in a like manner.
B. The secretary of state shall notify registrants of marks under this article of the necessity of renewal within the year next preceding the expiration of the ten years from the date of registration by writing to the last known address of the registrants.
C. Any registered mark expires ten years from the date of the registration, or of the last reregistration thereof renewal, and may be reregistered renewed by filing an application with the secretary of state on a form furnished by the secretary of state and paying the renewal fee therefor within six months prior to before the expiration of the registration.
D. The registration renewal application may be submitted on a form furnished by the secretary of state or on the secretary of state's website. The secretary of state shall allow registration renewal to be completed and submitted on the secretary of state's website.
Sec. 3. Section 44-1460, Arizona Revised Statutes, is amended to read:
44-1460. Registration of trade name, title or designation
A. Any person, partnership, corporation, firm, association, society, foundation, federation or organization doing business in this state, or any foreign corporation licensed to exercise its corporate powers in this state, may register with the secretary of state, on a form to be furnished by him, the name, title or designation under which such applicant is operating, setting forth, but not limited to, the following information:
1. The name and business address of the applicant for such registration. If the applicant is a corporation, the state of its incorporation shall be disclosed.
2. The name, title or designation to be registered.
3. The general nature of the business conducted by the applicant.
4. The length of time during which the name, title or designation has been used by the applicant in his the applicant's business operations in this state.
B. The applicant or a member or officer of the firm, partnership, corporation, association, society, foundation, federation or other organization shall sign and verify the application.
C. A single name, title or designation may be registered upon on each application submitted under the provisions of this article.
D. the application for registration may be submitted on a form furnished by the secretary of state or on the secretary of state's website. The secretary of state shall allow registration to be completed and submitted on the secretary of state's website.
Sec. 4. Section 44-1460.02, Arizona Revised Statutes, is amended to read:
44-1460.02. Effective term of registration; renewal; expiration notice
A. Registration of a name, title or designation under the terms of this article is effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form furnished by the secretary of state, The registration may be renewed at the end of each five-year period for a like term if the application for renewal is submitted within six months before the registration term expires. the application for renewal may be submitted on a form furnished by the secretary of state or on the secretary of state's website. The secretary of state shall allow registration renewal to be completed and submitted on the secretary of state's website.
B. The secretary of state shall notify registrants within the sixty days next preceding the expiration of the five years from the date of registration of the necessity of renewal by writing to the last known address of the registrants.
Sec. 5. Effective date
This act is effective from and after December 31, 2016.
