Trademark Registration (Initial Application)

SD Secretary of State Trademark Application Instructions Page 1 of 5 Trademark Instructions June 2017 Submission info: Paper Submission: A blank application by email attrademark@state.sd.us or by phone (605)773-2797. The application must be printed in ink or computergenerated and mailed along with the required filing fee to the Secretary of State222s office at: 500 EastCapitol Ave, Pierre, SD 57501.Walk-in: A blank application may be obtained in person at the Secretary of State222s Business ServicesOffice at: 215 East Prospect Ave, Pierre, SD 57501. Applications must be accurately completed in their entirety. Applications that are inaccurate, incomplete or illegible will be rejected. Application info: 1.The application must be printed in ink or computer generated.2.Filing fee: the filing fee for the application is $125. Make check, cashier222s check or money order payableto the South Dakota Secretary of State. Applications submitted without the proper filing fee will berejected.3.One sample showing the mark must accompany this application: Failure to include a sample will resultin rejection of the application.oThe sample must be no larger than 8 275 inches by 11 inches and should be flat.oFor trademarks, examples of acceptable samples are tabs or labels, invoices, brochures,catalogs, letterhead or business cards. If it is impractical to send actual samples because of size,photographs or other acceptable reproductions that show the mark may be sent.oFor service marks, examples of are signs, brochures, advertisements, business cards orletterhead.4.Applicant Name:oIf the applicant is a BUSINESS - Name and South Dakota Business ID of Applicant: Enter thename of the business entity applying for the trademark. If the applicant is a registered SouthDakota business entity, enter the South Dakota business ID.oIf the applicant is an INDIVIDUAL - Name of Applicant: Enter the name of individual applying forthe trademark.5.Business Address of Applicant: Enter the complete business address of the individual person or businessentity applying for the trademark. The address must include a street address and a mailing address if themailing address is different from the street address. Please also provide a telephone number so that youmay be contacted if there are questions regarding your application, and an email address so that wemay send you reminders of when your mark registration will expire. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 5 Trademark Instructions June 2017 6.If the applicant is a registered business entity, list the name of the state or other jurisdiction underwhose laws it is organized: Enter the state of incorporation or organization if the applicant is a businessentity. If the applicant is an individual, leave this space blank.7.Name of the mark: Provide a name for the mark being registered. If the mark is a standard charactermark (just words), list only those words. If the mark is a design/special form mark, you must provide aname for the mark in this space. For example, if the mark is a logo for XYZ LLC, you could list the name as223XYZ Logo224.8.Description of the mark in words (required for design mark): Enter a complete and accurate descriptionof the overall mark, for example 223a stylized letter M.224 If the mark contains both words and a designelement, the description must include both, for example 223the wording XYZ LLC with a daisy224. If a mark isin color, include a description of the portions of the mark that are in color and the corresponding color,for example 223a daisy with yellow petals and a green stem in a blue vase.224 If the description is notaccurate, either incomplete or including elements not actually appearing in the sample image, theapplication will be rejected and the applicant will be required to amend the description of the mark.9.Description of Goods or Services connected with mark: Enter a description of the goods and services inconnection with which the mark will be used. For example, 223restaurant224, 223business consultant224,223magazine224, 223nonprofit organization224, etc. If the form does not allow enough space, enter 223seeattached224 and list the goods or services on a separate sheet of paper.10.Mode or Manner in which the mark is used: List how the applicant is using the mark. For example,223business cards224, 223letterhead224, 223advertising224, 223website224, etc. If the form does not allow enough space,enter 223see attached224 and list the goods or services on a separate sheet of paper.11.Classification of Goods or Services Number: Enter the appropriate number of the class under whichsuch goods or services fall. Class numbers are listed in SDCL 37-6-12 and are also listed at the end of theinstructions. Each application may only list one (1) classification.12.Date the mark was first used by applicant or predecessor: Both dates must be completed for everyapplication. If the mark has only been used in South Dakota, then the date the mark was first used223anywhere224 is the same date as the date the mark was first used in South Dakota. Since the mark mustbe in use prior to registration, both dates must reflect a time prior to the signature date of theapplication.13.Signature and notarization:oPrinted Name of Authorized Person and Title: Failure to type or print the signature name andtitle of the signer (if the applicant is a business entity) will result in the application beingrejected.oThe application must be signed by the applicant. By signing the application, the applicant verifiesunder penalty of perjury that all the statements on the application are true and correct. Failureto sign the application will result in the application being rejected.oThe signature of the applicant must be notarized. Proper notarization includes: 1) the originalsignature of the applicant, 2) the date the applicant signed the application, 3) the signature ofthe Notary Public, 4) the registered seal of the Notary Public, and 5) the commission expirationdate of the Notary Public. Improper notarization will result in the application being rejected. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 5 Trademark Instructions June 2017 Classifications of Goods and Services: 37-6-12. Classification of goods and services for mark registration--Registration limited to single class. The following general classesof goods and services are established for the convenience of the administration of 247247 37-6-4 to 37-6-27, inclusive, but not to limit orextend the applicant's or registrant's rights. A single application for registration of a mark may include any goods or services uponwhich the mark is actually being used which are comprised in a single class, but a single application may not include goods orservices which fall within different classes of goods or services. The classes of goods are as follows:(1)Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins;plastics in the form of powders, liquids or pastes, for industrial use; manures (natural and artificial); fire extinguishingcompositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs;tanning substances; adhesive substances used in industry;(2)Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colouring matters, dyestuffs;mordants; natural resins; metals in foil and powder form for painters and decorators;(3)Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring, and abrasive preparations; soaps;perfumery, essential oils, cosmetics, hair lotions; dentifrices;(4)Industrial oils and greases (other than oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels(including motor spirit) and illuminants; candles, tapers, night lights, and wicks;(5)Pharmaceutical, veterinary, and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material forstopping teeth, dental wax, disinfectants; preparations for killing weeds and destroying vermin;(6)Unwrought and partly wrought common metals and thei