Trade Mark/Service Mark Application - Ohio Secretary of State
Trade Mark/Service Mark Application - Ohio Secretary of State
Trade Mark/Service Mark Application - Ohio Secretary of State
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Please return the approval certificate to:<br />
Name:<br />
To the attention <strong>of</strong>:<br />
Address:<br />
City:<br />
<strong>State</strong>:<br />
Phone Number:<br />
(Individual or Business Name)<br />
(If necessary)<br />
ZIP Code:<br />
E-mail Address:<br />
Check here if you would like to receive important notices via e-mail from the <strong>Ohio</strong> <strong>Secretary</strong> <strong>of</strong> <strong>State</strong>'s<br />
<strong>of</strong>fice regarding Business <strong>Service</strong>s.<br />
Check here if you would like to be signed up for our Filing Notification System for the business entity<br />
being created or updated by filing this form. This is a free service provided to notify you via e-mail when<br />
any document is filed on your business record.<br />
Type <strong>of</strong> <strong>Service</strong> Being Requested: (PLEASE CHECK ONE BOX BELOW)<br />
Regular <strong>Service</strong>: Only the filing fee listed on page one <strong>of</strong> the form is required and the filing will be<br />
processed in approximately 3-7 business days. The processing time may vary based on the volume <strong>of</strong><br />
filings received by our <strong>of</strong>fice.<br />
Expedite <strong>Service</strong> 1: By including an Expedite fee <strong>of</strong> $100.00, in addition to the regular filing fee on page<br />
one <strong>of</strong> the form, the filing will be processed within 2 business days after it is received by our <strong>of</strong>fice.<br />
Expedite <strong>Service</strong> 2: By including an Expedite fee <strong>of</strong> $200.00, in addition to the regular filing fee on page<br />
one <strong>of</strong> the form, the filing will be processed within 1 business day after it is received by our <strong>of</strong>fice.This service<br />
is only available to walk-in customers who hand deliver the document to the Client <strong>Service</strong> Center.<br />
Expedite <strong>Service</strong> 3: By including an Expedite fee <strong>of</strong> $300.00, in addition to the regular filing fee on page<br />
one <strong>of</strong> the form, the filing will be processed within 4 hours after it is received by our <strong>of</strong>fice, if received by 1:00<br />
p.m. This service is only available to walk-in customers who hand deliver the document to the Client <strong>Service</strong> Center.<br />
Preclearance Filing: For the purpose <strong>of</strong> advising as to the acceptability <strong>of</strong> the proposed filing, a form that is<br />
to be submitted at a later date for processing may be submitted for examination for a fee <strong>of</strong> $50.00. The<br />
Preclearance will be complete within 1-2 business days.
Name <strong>of</strong> Applicant<br />
Form 555 Prescribed by:<br />
<strong>Ohio</strong> <strong>Secretary</strong> <strong>of</strong> <strong>State</strong><br />
JON HUSTED<br />
<strong>Ohio</strong> <strong>Secretary</strong> <strong>of</strong> <strong>State</strong><br />
Central <strong>Ohio</strong>: (614) 466-3910<br />
Toll Free: (877) SOS-FILE (767-3453)<br />
www.<strong>Ohio</strong><strong>Secretary</strong><strong>of</strong><strong>State</strong>.gov<br />
Busserv@<strong>Ohio</strong><strong>Secretary</strong><strong>of</strong><strong>State</strong>.gov<br />
<strong>Trade</strong>mark and <strong>Service</strong> <strong>Mark</strong> <strong>Application</strong><br />
(174-TSMO)<br />
Filing Fee $125.00<br />
Makes checks payable to <strong>Ohio</strong> <strong>Secretary</strong> <strong>of</strong> <strong>State</strong><br />
Mail this form to one <strong>of</strong> the following:<br />
Regular Filing (non expedite)<br />
P.O. Box 1329<br />
Columbus, OH 43216<br />
Expedite Filing (Two-business day processing<br />
time requires an additional $100.00).<br />
P.O. Box 1390<br />
Columbus, OH 43216<br />
If the applicant is a corporation, partnership, limited partnership or limited liability company, please provide the<br />
jurisdiction <strong>of</strong> formation.<br />
Jurisdiction <strong>of</strong> Formation<br />
If the applicant is a partnership or limited partnership, please provide the names <strong>of</strong> all general partners:<br />
Name(s)<br />
Business address <strong>of</strong> applicant.<br />
Mailing Address<br />
City<br />
<strong>State</strong><br />
ZIP Code<br />
Form 555 Page 1 <strong>of</strong> 3<br />
Last Revised: 3/30/12
Describe the mark. The description you provide is the way the mark will be recorded on our database.<br />
Describe the goods or services used in connection with the mark.<br />
The class in which the goods or services fall (see list following form instructions.)<br />
Describe mode or manner in which the mark is used on or in connection with the goods or services.<br />
The mark has been used in business by the applicant (or predecessor) since<br />
and used in <strong>Ohio</strong> since .<br />
Date (MM/DD/YYYY)<br />
Form 555<br />
Page 2 <strong>of</strong> 3<br />
Date (MM/DD/YYYY)<br />
The applicant is the owner <strong>of</strong> the mark, the mark is in use, and to the knowledge <strong>of</strong> the person verifying the<br />
application, no other person has the right to use the mark in <strong>Ohio</strong> either in the identical form <strong>of</strong> the mark, or in<br />
near resemblance to the mark, as to be likely, when used on or in connection with the goods or services <strong>of</strong><br />
another person, to cause confusion or mistake or to deceive.<br />
To the knowledge <strong>of</strong> the person verifying the application, no other person has a registration or a pending intent<br />
to use application <strong>of</strong> the same or a confusingly similar mark in the United <strong>State</strong>s Patent and <strong>Trade</strong>mark <strong>of</strong>fice for<br />
the same or similar goods or services.<br />
Applicant is or is not the owner (please check one) <strong>of</strong> a concurrent registration in the United<br />
<strong>State</strong>s Patent and <strong>Trade</strong>mark <strong>of</strong>fice <strong>of</strong> the applicant's mark covering an area including <strong>Ohio</strong>.<br />
A specimen <strong>of</strong> the mark which shows the mark in use is attached to the application.<br />
Last Revised: 3/30/12
By signing and submitting this form to the <strong>Ohio</strong> <strong>Secretary</strong> <strong>of</strong> <strong>State</strong>, the undersigned hereby certifies that he or she has<br />
the requisite authority to execute this document.<br />
Required<br />
Must be signed by the<br />
applicant or an authorized<br />
representative <strong>of</strong> the<br />
applicant.<br />
If authorized representative<br />
is an individual, then they<br />
must sign in the "signature"<br />
box and print their name<br />
in the "Print Name" box.<br />
If authorized representative<br />
is a business entity, not an<br />
individual, then please print<br />
the business name in the<br />
"signature" box, an<br />
authorized representative<br />
<strong>of</strong> the business entity<br />
must sign in the "By" box<br />
and print their name in the<br />
"Print Name" box.<br />
Form 555<br />
Signature<br />
By (if applicable)<br />
Print Name<br />
Signature<br />
By (if applicable)<br />
Print Name<br />
Page 3 <strong>of</strong> 3<br />
Last Revised: 3/30/12
Form 555<br />
Instructions for <strong>Trade</strong>mark and <strong>Service</strong> <strong>Mark</strong> <strong>Application</strong><br />
This form should be used by any person who adopts and uses a trademark or service mark in <strong>Ohio</strong>.<br />
Applicant Information<br />
Please provide the name <strong>of</strong> the applicant. If the applicant is a corporation, partnership, limited partnership, or<br />
limited liability company, please provide the jurisdiction <strong>of</strong> formation which would either be <strong>Ohio</strong> or another state<br />
or jurisdiction. Also, if the applicant is a partnership or limited partnership, please provide the names <strong>of</strong> all<br />
general partners.<br />
Please provide the business address <strong>of</strong> the applicant. This address can be in <strong>Ohio</strong> or outside <strong>of</strong> <strong>Ohio</strong>.<br />
Description <strong>of</strong> the <strong>Mark</strong><br />
Please provide a written description <strong>of</strong> the mark - the language used on the application will be entered exactly<br />
as written into the database in the secretary <strong>of</strong> state's <strong>of</strong>fice. Also, please describe the goods or services on or<br />
in connection with which the mark is used. For example, if the applicant is a clothing manufacturer then the<br />
goods used in connection with the mark will be “clothes.” Then provide the class in which the goods or services<br />
fall. To locate the appropriate class, please look at the list provided on pages 4, 5 and 6 <strong>of</strong> the form. In the<br />
example provided above, the appropriate class would be 25 for “Clothing, footwear, headgear.” Finally, please<br />
provide the mode or manner in which the mark is used on or in connection with the goods or services. For<br />
example, the mark might be used in advertisements and letterhead in connection with the applicant's clothing<br />
business.<br />
Date <strong>of</strong> First Use<br />
Please provide the date when the mark was first used by the applicant (or predecessor) in any location and the<br />
date when it was first used in <strong>Ohio</strong> by the applicant (or predecessor). Note: the mark must be in use prior to<br />
filing the application; therefore, this date must be on the date <strong>of</strong> filing or prior to the date <strong>of</strong> filing.<br />
<strong>State</strong>ments regarding Use <strong>of</strong> the <strong>Mark</strong><br />
By submitting this form, the applicant agrees to the statements provided on page 2 <strong>of</strong> the form and also selects<br />
the appropriate box to indicate whether the applicant is or is not the owner <strong>of</strong> a concurrent registration in the<br />
United <strong>State</strong>s Patent and <strong>Trade</strong>mark Office.<br />
Specimen<br />
The form must be accompanied by a specimen <strong>of</strong> the mark as actually used. In the example above, an<br />
appropriate specimen would be a copy <strong>of</strong> the letterhead showing the mark in use which advertises the clothing<br />
company. Our <strong>of</strong>fice will accept originals, photocopies and a copy <strong>of</strong> a photograph. So long as the specimen<br />
shows our <strong>of</strong>fice how the mark is used (i.e., how it appears on the sign, letterhead, menu, etc.), it is adequate.<br />
Please do not submit actual items (a menu, a shirt, a hat, etc.) bearing the mark.<br />
Signature<br />
Section 1329.56 <strong>of</strong> the Revised Code requires the application to be signed by the applicant, an authorized<br />
representative, or by an <strong>of</strong>ficer <strong>of</strong> the firm, limited liability company, limited liability partnership, general<br />
partnership, or limited partnership, corporation, union, association, or other organization that is the applicant.<br />
Last Revised: 3/30/12
Form 555<br />
Classification <strong>of</strong> Goods for Registration <strong>of</strong> <strong>Trade</strong>marks<br />
(Question 5 on the <strong>Application</strong> Blank)<br />
The following classification <strong>of</strong> goods is established to be used in the registration <strong>of</strong> trade marks, and is established by<br />
the <strong>Secretary</strong> <strong>of</strong> <strong>State</strong> <strong>of</strong> <strong>Ohio</strong> in conformity with the classification established by the Commissioner <strong>of</strong> Patents as<br />
required by ORC Section 1329.63.<br />
A single application for registration <strong>of</strong> a trade mark may include any or all <strong>of</strong> the goods listed in a single class upon<br />
which the trade mark is actually being used, but no application shall be accepted which lists goods that fall within<br />
different classes.<br />
Goods<br />
CLASS 1. Chemical used in industry, science and photography, as well as in unprocessed plastics; manures; fire<br />
extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs;<br />
tanning substances; adhesives used in industry.<br />
CLASS 2. Paints, varnishes, lacquers; preservatives against rust and against deterioration <strong>of</strong> wood; colorants; mordants;<br />
raw natural resins; metals in foil and power form for painters, decorators, printers and artists.<br />
CLASS 3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive<br />
preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.<br />
CLASS 4. Industrial oils and greases; lubricants; dust absorbing wetting and binding compositions; fuels (including<br />
motor spirit) and illuminants; candles, wicks.<br />
CLASS 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use; food for<br />
babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for<br />
destroying vermin; fungicides, herbicides.<br />
CLASS 6. Common metals and their alloys; metal building materials; transportable buildings <strong>of</strong> metal; materials for<br />
metal for railway tracks; non-electric cables and wires <strong>of</strong> common metal; ironmongery, small items <strong>of</strong> metal hardware;<br />
pipes and tubes <strong>of</strong> metal; safes; goods <strong>of</strong> common metal not included in other classes; ores.<br />
CLASS 7. Machines and machine tools; motors (except for land vehicles); machine coupling and belting (except for land<br />
vehicles); agricultural implements; incubators for eggs.<br />
CLASS 8. Hand tools and implements (hand operated); cutlery; side arms; razors.<br />
CLASS 9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signaling,<br />
checking (supervision), life-saving and teaching apparatus and instruments: apparatus for recording, transmission or<br />
reproduction <strong>of</strong> sound or images; magnetic data carriers, recording discs: automatic vending machines and mechanisms for<br />
coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fireextinguishing<br />
apparatus.<br />
CLASS 10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth;<br />
orthopedic articles; suture materials.<br />
CLASS 11. Apparatus for lighting, heating, steam generating, cooking refrigerating, dying, ventilating water supply<br />
and sanitary purposes.<br />
CLASS 12. Vehicles; apparatus for locomotion by land, air or water.<br />
CLASS 13. Firearms, ammunition and projectiles; explosives; fireworks.<br />
CLASS 14. Precious metals and their alloys and goods in precious metals or coating therewith, not included in other<br />
classes; jewelry, precious stones; homological and chronometric instruments.<br />
CLASS 15. Musical instruments.<br />
Last Revised: 3/30/12
CLASS 16. Paper, cardboards, and goods made from these materials, not included in other classes; printed matter,<br />
bookbinding material; photographs; stationery; adhesives for stationery or household purposes, artists' materials; paint<br />
brushes. typewriters and <strong>of</strong>fice requisites (except furniture); instructional and teaching material (except apparatus):<br />
plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.<br />
CLASS 17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other<br />
classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not <strong>of</strong><br />
metal.<br />
CLASS 18. Leather and imitations <strong>of</strong> leather, and goods made <strong>of</strong> these materials and not included on other classes; animal<br />
skins, hides; trunks and traveling bags: umbrellas, parasols and walking sticks; whips, harness and saddlery.<br />
CLASS 19. Building materials (non-metallic); non metallic rigid pipes for buildings; asphalt, pitch and bitumen; nonmetallic<br />
transportable buildings; monuments, not <strong>of</strong> metal.<br />
CLASS 20. Furniture, mirrors, picture frames; goods (not included in other classes) <strong>of</strong> wood, cork, reed, cane, wicker,horn,<br />
bone, ivory, whalebone, shell, amber, mother-<strong>of</strong>-pearl, meerschaum and substitutes for all these materials, or <strong>of</strong> plastics.<br />
CLASS 21. Household or kitchen utensils and containers (not <strong>of</strong> precious metal or coated therewith); combs and sponges;<br />
brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel wool; un-worked or semiworked<br />
glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.<br />
CLASS 22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and<br />
stuffing materials (except <strong>of</strong> rubber or plastics); raw fibrous textile materials.<br />
CLASS 23. Yarns and threads, for textile use.<br />
CLASS 24. Textiles and textile goods, not included in other classes; bed and table covers.<br />
CLASS 25. Clothing, footwear, headgear.<br />
CLASS 26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.<br />
CLASS 27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (nontextile).<br />
CLASS 28. Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas<br />
trees.<br />
CLASS 29. Meat, fish, poultry, and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams;<br />
eggs, milk and milk products; edible oils and fats; salad dressings; preserves.<br />
CLASS 30. C<strong>of</strong>fee, tea, sugar, cocoa, rice, tapioca, sago, artificial c<strong>of</strong>fee; flour and preparations made from cereals, bread,<br />
pastry and confectionery, ices: honey, treacle; yeast, baking powder; salt, mustard; vinegar, sauces (except salad dressings);<br />
spices; ice.<br />
CLASS 31. Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits<br />
and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.<br />
CLASS 32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and other<br />
preparations for making beverages.<br />
CLASS 33. Alcoholic beverages (except beers).<br />
CLASS 34. Tobacco; smokers' articles; matches.<br />
Form 555<br />
Last Revised: 3/30/12
<strong>Service</strong>s<br />
CLASS 35. Advertising and business services which directly assist in the operation or management <strong>of</strong> another<br />
commercial enterprise.<br />
CLASS 36. Insurance and financial services, to include banking, credit unions, stock brokers and realty administrators.<br />
CLASS 37. Construction and repair <strong>of</strong> buildings and other physical structures, painting, plumbing, ro<strong>of</strong>ing, remodeling;<br />
repair <strong>of</strong> objects, including tools, furniture, appliances and electronics.<br />
CLASS 38. Communications, including broadcast/transmission <strong>of</strong> television, telephone, teletype, radio and other<br />
electronic transmission media.<br />
CLASS 39. Transportation to include air, land or sea transport; packaging storage and warehousing for transport;<br />
travel services related to transport only.<br />
CLASS 40. Material treatment, including processing or transformation <strong>of</strong> an object/substance, changing its essential<br />
properties. Does not include repair.<br />
CLASS 41. Education and entertainment. Includes schools, training for animals, services having the basic aim to<br />
amuse, entertain, recreation.<br />
CLASS 42. Scientific and technological services and research and design relating thereto; industrial analysis and<br />
research services; design and development <strong>of</strong> computer hardware and s<strong>of</strong>tware; legal services.<br />
CLASS 43. <strong>Service</strong>s for providing food and drink; temporary accommodations<br />
CLASS 44. Medical services; veterinary services; hygienic and beauty care for human beings or animals; agriculture,<br />
horticulture and forestry services<br />
CLASS 45. Personal and social services rendered by others to meet the needs <strong>of</strong> individuals; security for the protection<br />
<strong>of</strong> property and individuals