Sec. 35-18d. Examination and amendment of application. Disclaimer. Refusal of registration.
Sec. 35-18d. Examination and amendment of application. Disclaimer. Refusal
of registration. (a) Upon the filing of an application for registration and payment of
the fee herein provided, the Secretary of the State shall cause the application to be
examined to ensure conformity with sections 35-18a to 35-18e, inclusive.
(b) The applicant shall provide any additional pertinent information requested by
the Secretary of the State including a description of a design mark, and the applicant
may make, or authorize the secretary to make, such amendments to the application as
may be reasonably requested by the secretary or deemed by the applicant to be advisable
to respond to any rejection or objection.
(c) The Secretary of the State may require the applicant to disclaim an unregistrable
component of a mark otherwise registrable, and applicant may voluntarily disclaim a
component of a mark sought to be registered.
(d) No disclaimer shall prejudice or affect the applicant's or registrant's rights of
registration on another application if the disclaimed matter is or becomes distinctive of
the applicant's or registrant's goods or services.
(e) If the applicant is found not to be entitled to registration, the Secretary of the
State shall advise the applicant thereof and of the reasons therefor. The applicant shall
have a reasonable period of time specified by the Secretary of the State in which to
reply or amend his application, which shall then be reexamined. This procedure may
be repeated until (1) the Secretary of the State finally refuses registration of the mark
or (2) the applicant fails to reply or amend within the specified period, whereupon the
application shall be deemed to have been abandoned.
(f) If the Secretary of the State finally refuses registration of the mark, the applicant
may seek a writ of mandamus to compel such registration. Such writ may be granted,
but without costs to the Secretary of the State, on proof that all the statements in the
application are true and that the mark is otherwise entitled to registration.
(1967, P.A. 689, S. 4; P.A. 93-152, S. 15.)
History: P.A. 93-152 inserted a new Subsec. (b) to require the applicant to provide any additional pertinent information
requested by the secretary of the state, formerly part of Subsec. (a), require the applicant to include a description of a design
mark when requested and authorize amendments to the application to respond to any rejection or objection, inserted a new
Subsec. (c) re disclaimer of a component of a mark, inserted Subsec. (d) re effect of a disclaimer on another application,
relettered the remaining Subsecs. accordingly and amended Subsec. (e) to replace alphabetic with numeric Subdiv. indicators and add "or amend" in Subdiv. (2).