§214. Application for registration

A. Subject to the limitations set forth in this Subpart, any person who adopts and uses a mark or name 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 or name 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 or name is used, the mode or manner in which the mark or name 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 or name was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business; and

(4) A statement that the applicant is the owner of the mark or name and that no other person has the right to use such mark or name 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 signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying.

C. The application shall be accompanied by a specimen or facsimile of such mark or name in triplicate.

D. The application for registration shall be accompanied by a filing fee as provided in R.S. 49:222, payable to the secretary of state.

E. In addition to said filing fee, the secretary of state shall charge and collect, for the use and benefit of the state, a fee as provided in R.S. 49:222 for making and issuing a copy of any document filed in his office under the provisions of this Subpart, plus a fee as provided in R.S. 49:222 for sealing and certifying to the correctness thereof. The additional fee, provided as aforesaid, shall not apply to the original certificate of registration required by R.S. 51:215.

Acts 1983, No. 235, §5, eff. July 1, 1983; Acts 1989, No. 100, §1, eff. Jan. 1, 1990; Acts 2008, No. 913, §5.