002-1 Wyo. Code R. §§ 1-1 - General Provisions
(a) Authority.
These rules are promulgated by the Secretary of State under
W.S.
40-1-116.
(b) Definitions.
(i) "Applicant" means a person who has
submitted an application for the registration of a mark to the Secretary of
State.
(ii) "Authorized" is defined
as being officially registered with the Secretary of State.
(iii) "Common ownership" means two or more
businesses which are owned by the same person.
(iv) "Deceptively similar" means a proposed
business name, trademark or service mark which is similar in appearance to,
similar in sound to, or most pertinent words are the same as, an authorized
trademark or service mark.
(v)
"Proposed business name user," "proposed business mark user," "proposed
business name," "proposed business mark" or phrases of similar import mean the
applicant which is defined above.
(vi) "Ten days" means ten (10) business
days.
(vii) "Twenty days" means
twenty (20) calendar days.
(viii)
"Written notice" means delivery by standard United States mail unless otherwise
noted in the statute or rules. The Secretary of State may send notice by a more
expedited or secure method such as priority mail, express delivery service, or
email.
(c) Filing
Requirements.
(i) In addition to the
requirements set forth in
W.S.
40-1-103, the application for registration of
a mark shall include:
(A) The mailing address
of the applicant;
(B) If applicant
is a:
(I) Corporation, the state of
incorporation; or
(II) Partnership,
the state in which the partnership is organized and the names of the general
partners; or
(III) Limited
liability company, the state in which it is organized and the names of the
managers or if it has no managers then the names of the members; or
(IV) Statutory trust, the state of
organization and the names of its trustees; or
(V) Another juristic person as set forth in
W.S.
40-1-103, the state in which the juristic
person as defined in
W.S.
40-1-101(d) is
organized.
(C) A
statement as to whether an application to register the mark has been filed by
the applicant in the United States Patent and Trademark Office as set forth in
W.S.
40-1-103(a)(v).
(ii) The renewal application shall
include:
(A) The name and address of the
applicant;
(B) If applicant is a:
(I) Corporation, the state of incorporation;
or
(II) Partnership, the state in
which the partnership is organized and the names of the general partners;
or
(III) Limited liability company,
the state in which it is organized and the names of the managers or if it has
no managers then the names of the members; or
(IV) Statutory trust, the state of
organization and the names of its trustees; or
(V) Another juristic person as set forth in
W.S.
40-1-103, the state in which the juristic
person as defined in
W.S.
40-1-101(d) is
organized.
(C) The date
of original registration;
(D) A
written description of the trademark or service mark;
(E) The class number and title of the goods
or services;
(F) A brief
description of the goods or services within the class; and
(G) The mode or manner in which the mark is
used.
(d)
Forms.
(i) The Secretary of State shall
prescribe filing and renewal forms.
(ii) The Secretary of State shall provide
written notice to registrants whose trademarks or service marks are up for
renewal six (6) months prior to the expiration date of the mark. Written notice
may be provided via first class mail, email, or another delivery mechanism
authorized by the Secretary of State.
(e) Fees.
| Initial Trademark Registration | $100.00 |
| Trademark Renewal | $50.00 |
| Trademark Assignment | $25.00 |
| Trademark Cancellation | $10.00 |
Notes
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