30 KAR 3:020. Application for renewal of registration.


      RELATES TO: KRS 365.581


      NECESSITY, FUNCTION, AND CONFORMITY: KRS 365.581(1) requires the Secretary of State to promulgate an administrative regulation establishing the requirements for renewing registrations of trademarks or service marks. This administrative regulation establishes the requirements for renewing registrations of trademarks or service marks.


      Section 1. Requirements for Application for Renewal of Registration of a Trademark or Service Mark. (1) Application for renewal of registration of a trademark or service mark shall be made to the Secretary of State, pursuant to KRS 365.581(1), by submitting:

      (a) A completed "Trademark/Service Mark Renewal Application"; and

      (b) The renewal fee required by KRS 365.581(1)

      (2) The application for renewal shall:

      (a) Include the required fee for each class for which renewal is sought in the registration;

      (b) Specifically identify the particular class or classes for which renewal is sought if the registration is for multiple classes of goods or services;

      (c) Include a verified statement that the mark has been and is still in use; and

      (d) Provide one (1) specimen of use specific to each class of goods or services.


      Section 2. Incorporation by Reference. (1) The "Trademark/Service Mark Renewal Application (January 2003)" is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Secretary of State’s Office, 700 Capital Avenue, State Capitol, Suite 152, Frankfort, Kentucky, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be obtained at www.kysos.com. (20 Ky.R. 3340; Am. 21 Ky.R. 306; eff. 8-4-94; 29 Ky.R. 2721; eff. 7-17-03.)