[PDF] [PDF] Form 901—Instructions (Trade or Service Mark Application) - Texas

Trade and service marks are commonly referred to as brand names, logos or slogans Trademarks are The registration of a mark with the secretary of state creates a statewide priority of rights in the mark Class 25: Clothing Class 26: 



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This space reserved for office use.

Application for Registration

of a Trade or Service Mark

Form 901 (Revised 03/23)

Submit to:

Secretary of State

PO Box 13697

Austin, TX 78711-3697

512 463-9760

FAX: 512 463-5709

Application Fee:

$50 per class

APPLICANT INFORMATION

1. BUSINESS STRUCTURE OF APPLICANT (Check One):

Corporation General Partnership

(State of Incorporation): (State of Organization): Limited Liability Company Sole Proprietor/Individual (State of Organization): (State of Residency):

Limited Partnership Other (Please describe):

(State of Organization): (State of Organization): Names of General Partners (If Applicant is a Partnership; attach additional sheet if necessary): First Name Middle/Initial Last Name Suffix Business Entity Name First Name Middle/Initial Last Name Suffix Business Entity Name First Name Middle/Initial Last Name Suffix Business Entity Name

2. NAME OF APPLICANT (Owner of mark - individual, corporation, or other entity applying for

registration):

3. BUSINESS ADDRESS OF APPLICANT:

Street

Suite/Apartment Number (if applicable)

City

State Zip Code Country

Is International Address

Submitter Phone Number: Applicant Email Address: Website Address (URL):

Form 901 1

4. UNITED STATES PATENT AND TRADEMARK REGISTRATION/APPLICATION

Has this mark been registered with the United States Patent and Trademark Office (USPTO)? Yes No

If yes, complete the following:

Filing Date:

US Serial Number:

US Registration Number:

Status of Application:

5. NAME AND/OR DESCRIPTION OF MARK

For design, provide a brief written description that can be pictured in the mind without reference to the

specimens. If you are claiming color, please include the description of the color and location of each color (e.g. a

red balloon with a yellow ribbon.) Attach or upload (if electronic submission) a drawing of the mark.*

For a word mark, provide a brief written description to describe words being claimed.: *Trademark Drawing Sheet Instructions

Include the mark exactly as it appears in the specimens accompanying the application and exactly as it is

described in item 5 of the application. Do not include other words that are not part of the mark.

If the mark consists only of a word, letter or numeral, or a combination thereof, and is not depicted in a

special form, type or print the mark in capital letters on the drawing sheet.

If the mark is not only words, letters or numerals, or a combination thereof, and also includes a design,

the entire design must appear on the drawing sheet.

The drawing must

o

Depict only one mark

o Fit within a box that is 3.15 in (8 cm) high by 3.15 in (8 cm) long o

Be an exact reproduction of the mark

o Appear in color and match the color(s) described in item 5 of the application, if the mark includes a color claim

Color Claim. Is a claim made to color?

Yes No

Form 901 2

Translation (If Applicable). If the mark or any part of the mark is not in English, please translate below, or if

there is an image that explains the translation, attach it or upload it (if electronic submission): Disclaimer (If Applicable). No claim is made to the exclusive right to use the term:

A disclaimer does not change your mark or the way you use it, it is merely a statement that the disclaimed

(words) or (design) need to be freely available for others to use in the marketing of a comparable good and/or

service.

Form 901 3

6. Description of Good

s and/or Services #1: Please mark specimen with class number.

Class Number:

Class Description (If a trademark, list specific goods. If a service mark, list specific services): Date the mark was first used in Texas: Date the mark was first used anywhere: Is there a foreign language in this specimen that supports this class? Yes No

If yes, please provide specimen translation:

Manner of use: Please provide a description of how the mark will be used in relation to the goods or service

provided (e.g., on the product, on product packaging, on billboards advertising the services offered, or in radio

advertisements for services offered). #2: Please mark specimen with class number.

Class Number:

Class Description (If a trademark, list specific goods. If a service mark, list specific services): Date the mark was first used in Texas: Date the mark was first used anywhere: Is there a foreign language in this specimen that supports this class? Yes No

If yes, please provide specimen translation:

Manner of use: Please provide a description of how the mark will be used in relation to the goods or service

provided (e.g., on the product, on product packaging, on billboards advertising the services offered, or in radio

advertisements for services offered).

Form 901 4

#3: Please mark specimen with class number.

Class Number:

Class Description (If a trademark, list specific goods. If a service mark, list specific services): Date the mark was first used in Texas: Date the mark was first used anywhere: Is there a foreign language in this specimen that supports this class? Yes No

If yes, please provide specimen translation:

Manner of use: Please provide a description of how the mark will be used in relation to the goods or service

provided (e.g., on the product, on product packaging, on billboards advertising the services offered, or in radio

advertisements for services offered). #4: Please mark specimen with class number.

Class Number:

Class Description (If a trademark, list specific goods. If a service mark, list specific services): Date the mark was first used in Texas: Date the mark was first used anywhere: Is there a foreign language in this specimen that supports this class? Yes No

If yes, please provide specimen translation:

Manner of use: Please provide a description of how the mark will be used in relation to the goods or service

provided (e.g., on the product, on product packaging, on billboards advertising the services offered, or in radio

advertisements for services offered).

Form 901 5

7. Declaration of Ownership

Applicant declares that the applicant is the owner of the mark, that the mark is in use, and that to the knowledge

of the person verifying the application, no other person has registered the mark, either federally or in this state, or

is entitled to use the mark in this state, either in the identical form used by the applicant or in a form that is likely,

when used on or in connection with the goods or services of the other person, to cause confusion or mistake, or to deceive, because of its resemblance to the mark. My name is . My date of birth is and my address is:

Street City State Zip Code Country

I have read the above Declaration of Ownership as well as the attached Application for Registration of a

Trade or Service Mark, and I declare under penalty of perjury that all the statements in the foregoing are true

and correct. Executed in County, State of , on the day of , 20 .

By signing (or typing if electronic submission) your name below, you acknowledge that you are signing (or

electronically signing) this document as the Owner (Applicant) or an Authorized Representative of the Owner

(Applicant) of the Trademark and/or Service Mark.

Authorized Person ________________________

_ Title_______________________

Form 901 6

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