002-2 Wyo. Code R. §§ 2-2 - Procedure if Filing is Rejected
(a) If a filing
officer rejects a corporate name because it is the same as, or deceptively
similar to a currently authorized trademark or service mark on file or not
distinguishable upon the records of the Secretary of State from a trade name on
file, the proposed user may show proof that he is the owner of that trademark,
service mark or trade name and that he proposes to use that mark or that trade
name as the name of his corporation.
(b) If a filing officer rejects a proposed
business name or an application for reservation of a business name because it
is the same as, or deceptively similar to any trademark or service mark
currently authorized or not distinguishable upon the records of the Secretary
of State from another business name currently authorized, the filing officer
shall notify the applicant within five days after the filing is delivered, that
the filing is rejected with a brief, written explanation of the
reason.
(c) Within five days of
delivery of notice of rejection, the applicant may appeal the decision to the
Secretary of State. Such a request must be in writing and should include
information as to why the appeal should be granted. Within five days after
delivery of the appeal request, the Secretary of State shall notify the
business entity which holds the currently authorized name that an appeal has
been filed. The authorized business entity shall be notified that it may
present information as to why the appeal should/should not be granted. If the
authorized business entity chooses to provide information, he shall do so
within five days of delivery of notice of the appeal request.
(d) Within five days after all information is
to be submitted, the Secretary of State shall issue a final decision regarding
the appeal. All parties shall be notified of the decision by certified
letter.
(e) This procedure shall be
informal and shall not be a contested case proceeding. Any final decision may
be appealed to the appropriate District Court pursuant to the Wyoming
Administrative Procedure Act. If the procedure in this Section is invoked, the
thirty day appeal time provided in
W.S.
16-3-114 and Rule 12.04 of the Wyoming Rules
of Appellate Procedure, does not begin to run until the Secretary of State
issues a final decision letter as described in paragraph (c) above.
Notes
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(a) If a filing officer rejects a corporate name because it is the same as, or deceptively similar to a currently authorized trademark or service mark on file or not distinguishable upon the records of the Secretary of State from a trade name on file, the proposed user may show proof that he is the owner of that trademark, service mark or trade name and that he proposes to use that mark or that trade name as the name of his corporation.
(b) If a filing officer rejects a proposed business name or an application for reservation of a business name because it is the same as, or deceptively similar to any trademark or service mark currently authorized or not distinguishable upon the records of the Secretary of State from another business name currently authorized, the filing officer shall notify the applicant within five days after the filing is delivered, that the filing is rejected with a brief, written explanation of the reason.
(c) Within five days of delivery of notice of rejection, the applicant may appeal the decision to the Secretary of State. Such a request must be in writing and should include information as to why the appeal should be granted. Within five days after delivery of the appeal request, the Secretary of State shall notify the business entity which holds the currently authorized name that an appeal has been filed. The authorized business entity shall be notified that it may present information as to why the appeal should/should not be granted. If the authorized business entity chooses to provide information, he shall do so within five days of delivery of notice of the appeal request.
(d) Within five days after all information is to be submitted, the Secretary of State shall issue a final decision regarding the appeal. All parties shall be notified of the decision by certified letter.
(e) This procedure shall be informal and shall not be a contested case proceeding. Any final decision may be appealed to the appropriate District Court pursuant to the Wyoming Administrative Procedure Act. If the procedure in this Section is invoked, the thirty day appeal time provided in W.S. 16-3-114 and Rule 12.04 of the Wyoming Rules of Appellate Procedure, does not begin to run until the Secretary of State issues a final decision letter as described in paragraph (c) above.