Sec. 4. (a) Subject to the limitations of this chapter, a person who uses a mark in Indiana may file in the office of the secretary, in a manner that complies with the requirements of the secretary, an electronic application for registration of the mark. The electronic application must include the following information:

(1) The name and business address of the person applying for registration of the mark, and:

(A) if the applicant is a corporation, the state of incorporation;

(B) if the applicant is a partnership, the:

(i) state in which the partnership is organized; and

(ii) names of the general partners, as specified by the secretary; or

(C) if the applicant is another form of legal entity, the jurisdiction in which the legal entity was organized.

(2) The:

(A) goods or services on or in connection with which the mark is used;

(B) mode or manner in which the mark is used on or in connection with the goods or services; and

(C) class in which the goods or services fall.

(3) The date on which the mark was first used anywhere and the date on which the mark was first used in Indiana by the applicant or the applicant's predecessor in business.

(4) A statement that:

(A) the applicant is the owner of the mark;

(B) the mark is in use; and

(C) to the knowledge of the person verifying the electronic application, another person:

(i) has not registered the mark, either federally or in Indiana; or

(ii) does not have the right to use the mark either in the identical form or in such near resemblance to the form as to be likely, if applied to the goods or services of the other person, to cause deception, confusion, or mistake.

(b) The secretary may also require on an electronic application:

(1) a statement indicating whether an application to register a mark, parts of a mark, or a composite of a mark, has been filed by the applicant or a predecessor in the interest of the applicant in the United States Patent and Trademark Office. If an application has previously been filed in the United States Patent and Trademark Office, the applicant must provide full particulars with respect to the previous application, including the:

(A) filing date and serial number of each application;

(B) status of each application; and

(C) reason or reasons for the refusal of the application or the nonregistration of the mark if an application to register the mark was finally refused registration or if an application to register the mark has not resulted in a registration; and

(2) a drawing of the mark that complies with the requirements of the secretary.

(c) The electronic application must be signed and verified under oath, affirmation, or declaration subject to perjury laws by:

(1) the applicant;

(2) a member of the applicant firm or applicant limited liability company; or

(3) an officer of the applicant corporation, association, or other form of legal entity.

The electronic application must be accompanied by one (1) sample image showing actual use of the mark. The electronic application must be accompanied by an application fee payable to the secretary.

Formerly: Acts 1955, c.174, s.4; Acts 1959, c.256, s.3. As amended by P.L.152-1986, SEC.24; P.L.8-1993, SEC.339; P.L.135-2006, SEC.4; P.L.128-2017, SEC.5; P.L.59-2018, SEC.1.