WSR 16-01-191 PERMANENT RULES SECRETARY OF STATE [Filed December 23, 2015, 8:53 a.m., effective January 23, 2016] Effective Date of Rule: Thirty-one days after filing.
Purpose: To clarify the administrative code section on trademark filings.
Chapter 434-12 WAC, Trademarks, changes include allowing the comparison of classifications to be used in determining differences between trademarks proposed to be filed and those already on file. Updating the procedure to be similar to the federal trademark comparison procedure and cause less confusion for customers.
Citation of Existing Rules Affected by this Order: Amending WAC 434-12-025.
Statutory Authority for Adoption: RCW 19.77.115.
Adopted under notice filed as WSR 15-23-024 on November 9, 2015.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 1, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 1, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: December 23, 2015.
Mark Neary
Assistant Secretary of State
AMENDATORY SECTION (Amending WSR 15-22-044, filed 10/29/15, effective 1/1/16)
WAC 434-12-025 Document and specimen standards for trademark filing.
(1) Specimens submitted in support of a trademark filing must:
(a) Be of sufficient quality, size and clarity to allow the division to create and maintain an accurate digital image of the specimen; and
(b) Demonstrate that the trademark is in use in commerce; preliminary design artwork is not acceptable.
(c) Be in pdf (portable document format), if filing online.
(2) Specimens submitted in support of a trademark reservation:
(a) Must be of sufficient quality, size and clarity to allow the division to create and maintain an accurate digital image of the specimen; and
(b) May be in the form of preliminary design artwork so long as the design clearly describes the trademark to be reserved; and
(c) Must be in pdf format, if filing online.
(3) Corporations division staff may reject submissions ((that do not meet these requirements)) based on the following criteria:
(a) Application is incomplete;
(b) Application is in pencil or unable to be scanned as a readable image;
(c) Trademark is not distinguishable from another on file in the secretary's office by comparing:
(i) Similarity or dissimilarity of marks in their entireties to appearance; or
(ii) Similarity or dissimilarity of goods and services classifications.
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