§ 91.101. General checklist for registering trade or service mark.
(a) The following is a checklist for registration of a trade or service mark:
(1) Refer to the classification in 54 Pa.C.S. § 1103 (relating to classification) and determine in which class the mark is to be registered. An application for registration of a mark is limited to a single general class of goods or services, but a mark may be made the subject of multiple registrations (that is, each submitted on a separate form with an additional fee paid) in two or more general classes.
(2) Prepare and submit Form DSCB: 54-1112 (Application for Registration of Mark).
(3) Submit a check or money order payable to the Department of State in the amount of $52. Cash is not accepted.
(4) The application will be examined to determine whether the mark to be registered is the same as or confusingly similar to a mark currently registered in the applicable class to another registrant. If so, the registration will be denied.
(5) The registration is effective for 10 years from the date of registration. An application to renew for a similar term shall be made on Form DSCB: 54-1114 (Application for Renewal of Registration of Mark) within 6 months prior to the expiration of their term.
(6) There is no provision for amendment of a trade or service mark registration. Changes of name or address may be effected by filing Form DSCB:54-1115 (Assignment of Registration of Mark), showing the registrant as both assignor and assignee.
(b) The Department will examine the Form DSCB: 54-1112, and if the mark is registrable in the designated class, approve the application and endorse the fact and date of approval and filing thereon, and return the form to the applicant. A separate certificate will not be issued.
The provisions of this § 91.101 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.
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