CHAPTER 1

Section 1. Authority. The Secretary of State, pursuant to W. S. 40-1-116, is authorized to promulgate rules and regulations necessary to perform the duties of the Wyoming Trademark Act.

Section 2. Purpose. These rules are adopted to promote the uniform administration of the Wyoming Trademark Act.

Section 3. Definitions.

1. (a) “Applicant” means a person who has submitted an application for the registration of a mark to the secretary of state.
2. (b) “Authorized” is defined as being officially registered with the Secretary of State.
3. (c) “Common Ownership” means two or more businesses which are owned by the same person.
4. (d) “Deceptively similar” means a proposed business name, trademark or service mark which is similar in appearance to, similar in sound to, or most pertinent words are the same as, an authorized trademark or service mark.
5. (e) “Distinguishable upon the records” is defined in W. S. 17-16-401(f).
6. (f) “Proposed Business Name/Mark User” or “Proposed Business Name/Mark” or phrases of similar import mean applicant or the application which is defined above.
7. (g) “Ten days” means ten (10) business days.
8. (h) “Twenty days” means twenty (20) calendar days.
9. (i) “Written notice” means delivery by standard United States mail unless otherwise noted in the statute or rules. The Secretary of State may send notice by a more expedited or secure method such as priority mail or express delivery service.

Section 4. Filing Requirements.

1. (a) In addition to the mandatory requirements set forth in W.S. 40-1-103, the application for registration of a mark shall include:

   1. (i) The mailing address of the applicant.
   2. (ii) If applicant is a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, or if a limited liability company that state in which it is organized and the names of the managers or if it has no managers then the names of the members, or if a statutory trust, the state of organization and the names of its trustees, or if another juristic person as set forth in W.S. 40-1-103, similar information.
   3. (iii) A statement as to whether an application to register the mark has been filed by the applicant in the United States patent and trademark office as set forth in W.S. 40-1-103(a)(v).

2. (b) The renewal application shall include:

   1. (i) The name and address of the applicant.
   2. (ii) If applicant is a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, or if a limited liability company that state in which it is organized and the names of the managers or if has no managers then the names of the members, or if a statutory trust, the state of organization and the names of its trustees, or if another juristic person as set forth in W.S. 40-1-103, similar information.
   3. (iii) The date of original registration.
   4. (iv) A written description of trademark or service mark.
   5. (v) The class number and title of the goods or services.
   6. (vi) A brief description of the goods or services within the class.
   7. (vii) The mode or manner in which the mark is used.

Section 5. Forms

1. (a) The Secretary of State may prescribe forms.
2. (b) Renewal forms shall be mailed by first class mail to registrants whose trademarks or service marks are up for renewal six months prior to the expiration date of the mark.

Section 6. Fees.

1. (a) Initial trademark registration                        $100.00
2. (b) Trademark Renewal                            $ 50.00
3. (c) Trademark Assignment                          $ 25.00
4. (d) Trademark Cancellation                          $ 10.00