721—40.5(548) Registration and protection of marks.

1. 40.5(1)  Classification. The following general classes of goods and services are established, but do not limit or extend the applicant’s or registrant’s rights, and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in a single class, but in no event shall a single application include goods or services upon which the mark is being used which fall within different classes of goods or services.

   The said classes are as follows:

   GOODS
   Class	Title
   1	Raw or partly prepared materials
   2	Receptacles
   3	Baggage, animal equipments, portfolio, and pocketbooks
   4	Abrasives and polishing materials
   5	Adhesives
   6	Chemicals and chemical compositions
   7	Cordage
   8	Smokers’ articles, not including tobacco products
   9	Explosives, firearms, equipments, and projectiles
   10	Fertilizers
   11	Inks and inking materials
   12	Construction materials
   13	Hardware, plumbing, and steam-fitting supplies
   14	Metals and metal castings and forgings
   15	Oils and greases
   16	Paints and painters’ materials
   17	Tobacco products
   18	Medicines and pharmaceutical preparations
   19	Vehicles
   20	Linoleum and oiled cloth
   21	Electrical apparatus, machines, and supplies
   22	Games, toys, and sporting goods
   23	Cutlery, machinery, and tools, and parts thereof
   24	Laundry appliances and machines
   25	Locks and safes
   26	Measuring and scientific appliances
   27	Clocks, watches, and other horological instruments
   28	Jewelry and precious-metal ware
   29	Brooms, brushes, and dusters
   30	Crockery, earthenware, and porcelain
   31	Filters and refrigerators
   32	Furniture and upholstery
   33	Glassware
   34	Heating, lighting, and ventilating apparatus
   35	Belting, hose, machinery packing, and nonmetallic tires
   36	Musical instruments and supplies
   37	Paper and stationery
   38	Prints and publications
   39	Clothing
   40	Fancy goods, furnishings, and notions
   41	Canes, parasols, and umbrellas
   42	Knitted, netted, and textile fabrics, and substitutes thereof
   43	Thread and yarn
   44	Dental, medical, and surgical appliances
   45	Soft drinks and carbonated waters
   46	Foods and ingredients of foods
   47	Wines
   48	Malt beverages and liquors
   49	Distilled alcoholic liquors
   50	Cosmetics and toilet preparations
   51	Detergents and soaps
   52	Digital products and software applications
   53	Goods not otherwise classified
   SERVICES
   Class	Title
   100	Services not otherwise classified
   101	Advertising and business
   102	Insurance and financial
   103	Construction, maintenance, and repair
   104	Communication
   105	Transportation and storage
   106	Material treatment, recycling, and waste disposal
   107	Education and entertainment
   108	Software as a service
   109	Medical
   110	Hair and cosmetic
   111	Restaurant and bar
   112	Real estate sales and property management
   113	Retail sales

2. 40.5(2)  Assistance in applications. The secretary of state cannot give legal advice as to the nature and extent of the protection afforded by law nor advise as to the registrability of a specific mark except as questions may arise in connection with pending applications.
3. 40.5(3)  Incomplete or defective applications. An application will not be filed unless the application and accompanying facsimiles or specimens are in proper form, comply with the statutory requirements and are accompanied by the fee established by rule. Specimens which are metal need not be submitted, a facsimile being preferable in order to avoid filing problems. Documents not filed will be returned with a statement of the reasons therefor.
4. 40.5(4)  Registration dates. The registration date is the date the registration application is stamped received by the office of the secretary of state, if, after the application has been examined, it is allowed for registration.
5. 40.5(5)  Form of application. The application shall be on a current form supplied by the secretary of state, be completed in the English language and plainly written or typed. If the mark or any part thereof is not in the English language, it must be accompanied by a sworn translation.
6. 40.5(6)  Withdrawal of application. Prior to actual registration of the mark, the applicant, by written request, may withdraw the application.
7. 40.5(7)  Plurality of goods in single application. A single application may recite a plurality of goods, or a plurality of services, comprised in a single class, provided the particular identification of each of the goods or services be stated and the mark is used or has been actually used on or in connection with all of the goods or in connection with all of the services specified.
8. 40.5(8)  Single class in one application. A single application to register a mark for both goods and services or for goods or services in different classes will be rejected. Applications must be restricted to goods or services comprised in a single class.
9. 40.5(9)  Conflicts. Whenever application is made for registration of a mark or trade name which so resembles a mark registered in this state or a mark previously used in this state by another and not abandoned, so as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive, a conflict shall be declared to exist and registration denied.
10. 40.5(10)  Conflicts between applications. Conflicts between pending applications will be resolved on the basis of the claimed date of first use. The secretary of state may require affidavits and other proof of first use.

11. 40.5(11)  Record change on automatic transfer. In the event of mergers or consolidations of corporations, a certified copy of such documents may be accepted to transfer ownership of marks.

    If the name of the owner of record of a mark is changed, and request for a change of the records is made, then written proof of such change can be made by sworn affidavit showing the manner or mode by which the change of ownership was made.

12. 40.5(12)  Change of address. If the registered owner of a mark changes the address set forth on the registration, then written notice of such change of address must be given to the secretary of state. Such notice must clearly identify the mark or marks involved and must request that the change of address be noted on the records of the registration on file.

13. 40.5(13)  Fees. Fees for mark applications, assignments, and cancellations are established as follows:

    	Application for registration of mark:	$10
    	Application for renewal of registered mark:	$10
    	Assignment of registration of mark:	$5
    	Cancellation of registration of mark:	$5

[ARC 7059C, IAB 8/23/23, effective 9/27/23; ARC 9479C, IAB 8/6/25, effective 9/10/25]