How to Annals Trademarks and Trade Names in Arizona

"Faux is the sincerest grade of flattery."
—Proverb

A merchandise name is the name under which a person or company conducts business. A trademark is a word, proper name, symbol or device, or any combination of these items, that is used by a person or company to identify its appurtenances, and to distinguish them from goods made or sold by others. (If a mark is used to identify services, as opposed to appurtenances, it is called a "service mark." The aforementioned principles apply to both trademarks and ser­vice marks.)

Trade names and trademarks may be registered, for a small fee, with the Arizona Secretary of State. If a company does business in more ane state or is engaged in interstate commerce, it may besides annals its merchandise proper noun and/or merchandise­marking with the U.S. Patent and Trademark Office. This commodity is primarily intended to help persons and companies who may wish to register their trade names and/or trademarks under Arizona's registration laws.

Merchandise Names

The form to utilise for registration of a trade name is fur­nished by the Arizona Secretary of State. Information technology requires the disclo­certain of certain information concerning the person applying for registration (the "applicant"), the name, title or designation to exist registered, the nature of the applicant's business organisation, and the length of time the name has been used.

The Secretarial assistant of State will non file an application for regis­tration of a trade name if it might mislead the public, or is non readily distinguishable from some other registered trade name still in effect. The Secretarial assistant of Land also volition not file an appli­cation for registration of a trade proper noun that is the same as, or "deceptively like to," an existing corporate name.

The Secretary of State maintains a list of all registered trade names in Arizona. A registered name search tin can be conducted online, past logging on to the Secretary of Land's Web site, world wide web.azsos.gov, and clicking on Concern Filings/Trade Names and Trademarks/Search for Registered Names.

If the Secretary of Land accepts an application for registra­tion of a trade name, he will event a certificate of registration to the applicant. The merchandise name registration is constructive for a period of five years. The registration may, still, exist renewed for successive 5-year periods.

The registration of a trade name volition mostly give to the owner of the name exclusive right to the employ of the name. All the same, registration of a trade proper noun does non affect the rights of a person or company that is already using the merchandise name in the operation of its business.

Whatsoever trade name may exist assigned past the owner to another person. To assign a merchandise name, the owner must execute a written assignment and file it with the Secretary of Country. The Secretary of State volition and then outcome a new certificate of registra­tion to the new owner for the remainder of the term of the reg­istration.

Trademarks

Whatever person or company who adopts and uses a trademark in Arizona may file, with the Arizona Secretary of State, an awarding for registration of the trademark. The Secretarial assistant of State will provide the application form. The awarding must comprise sure information nearly the applicant, the appurtenances in connection with which the mark is used, and when the mark was kickoff used. It must also include a statement that the appli­deceit is the owner of the marker and that no other person has the correct to use the marking in Arizona in the identical form, or in such nearly resemblance to the mark equally might be calculated to deceive or to be mistaken for information technology. The application must be accompanied by a specimen or facsimile of the trademark in triplicate.

If the application is accepted for filing, the Secretary of State will issue to the applicant a document of registration. The document is legal proof of the registration of the trademark in whatsoever Arizona court.

Registration of the trademark is effective for a term of 10 years. The registration may exist renewed for successive periods of 10 years, by the timely filing of renewal applications with the Secretary of Country.

Whatsoever mark and its registration will be assignable with the goodwill of the business in which the mark is used or with that function of the goodwill of the business connected with the mark. To assign a trademark, the possessor must execute a written assignment. The assignment should be filed within three months subsequently its execution with the Arizona Secretary of Land, who, in plough, will issue a new registration certificate for the remain­der of the term.

The owner of a trademark that is famous in Arizona may obtain a court society prohibiting another person's commercial employ of the mark. To obtain a court social club, the owner must evidence that the other person's use of the trademark began after the mark became famous and causes dilution of the distinctive quality of the marker. In determining whether a trademark is distinctive and famous, a court may consider, among other things, whether the trademark is registered. If a person will­fully intends to merchandise on the owner's reputation or to cause dilution of a famous marking, so, in add-on to prohibiting utilise of the mark, the owner may sue that person for money damages.

Legal Tips

Merchandise names and trademarks are considered intellectual holding, and should be protected to the greatest extent possi­ble. Both proper use and registration of trade names and trademarks are important steps in this process.

Another disquisitional consideration is to select a name/mark that tin can be protected against a tertiary party'south utilise. Do not choose a but descriptive name (e.thou., apple for fruit), but rather choose a more fanciful term (eastward.g., apple for computers). This will help to insure that your mark is considered distinctive for the relevant appurtenances or services in the market.

If a trademark is used across the borders of Arizona (in interstate commerce, for case), federal registration should be considered. Country registration provides only limited territo­rial protection. A federal trademark registration provides the trademark owner with the right to expand its use of the merchandise­mark nationwide.

A trademark search is a prudent stride to take before a new trademark is adopted to make up one's mind if you lot have the right to use the trademark. A nationwide clearance search should be con­ducted prior to the adoption of any mark to prevent disrup­tion of your business that would upshot from being required to change your trademark by a prior user of a similar trademark. A courtroom may social club you lot to stop using a trademark if you adopt the trademark afterwards another has used or registered the same trademark for a like product or service. The test for trade­mark infringement is whether the use of the trademark would create a likelihood of confusion in the marketplace.

For boosted information or forms, the reader may wish to visit the Arizona Secretary of State's Spider web site, www.azsos.gov. Trademarks that are federally registered may be searched on the U.Due south. Patent and Trademark Function Web site, www.uspto.gov.

The above article is an extract from Arizona Laws 101: A Handbook for Non-Lawyers, 2nd Edition (Fenestra Books, 2012), by Donald A. Loose, republished with the author's permission.

Disclaimer: Laws alter constantly. Specific legal advice should be obtained regarding any legal affair. The information contained on this website does not constitute legal advice and no attorney-client relationship is created.

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