Form T-3 - Application For Registration Of Service Mark 2008 Page 2
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1
2FORM T-3
7/2008
INFORMATION FOR APPLICANTS FOR REGISTRATION OF SERVICE MARKS
REGISTRATION OF A SERVICE MARK WITH THE DEPARTMENT DOES NOT GRANT YOU OWNERSHIP OF THE SERVICE
MARK.
Section 482-22, Hawaii Revised Statutes, provides that an applicant for registration of service mark must file an application with the Director of
Commerce and Consumer Affairs, verifying that the applicant is the owner of the service mark. Ownership of a service mark is acquired by adoption
and use of the service mark. Before filing an application, an applicant should check the computerized list of registered names to determine if there is a
registration that is substantially identical to the service mark he wishes to register. A check should also be made in the telephone directory of each
island, the city directory and with the Department of Taxation. When an application is filed, the Business Registration Division will make a search of the
registrations on record to determine that there is no other registration that is the same or substantially identical to the service mark applied for.
Section 482-25, HRS, provides that the registration will be for a term of five years from the date of filing. Registrations may be renewed for additional
periods of five years from the date of renewal by filing an application and $50.00 fee within six months prior to the expiration date.
Section 482-28.5, HRS, provides that if, after registration with the Director of Commerce and Consumer Affairs, the service mark is abandoned or not
used by the registrant for any period of 365 consecutive days, the service mark shall be subject to revocation. Any person desiring such revocation is
required to file a verified petition with the Director requesting revocation of the service mark and setting forth facts indicating abandonment or nonuse by
the registrant for a period of 365 consecutive days immediately preceding the date of filing of the petition. After granting an opportunity for hearing to the
petitioner and registrant, the Director shall grant or deny the petition as the facts shall warrant.
Section 482-28.5, HRS, provides that any person claiming to be the owner of a service mark for which a certificate of registration has been issued to any
other person, may file a verified petition with the Department for the revocation of such registration setting forth facts in support of the claim for
ownership. After granting an opportunity for hearing to the petitioner and registrant, the Director shall grant or deny the petition as the facts shall
warrant.
Instructions: Application must be typewritten or printed in black ink, and must be legible. Signature must be in black ink. Submit
application together with the appropriate fee.
Application must be signed by the applicant if an individual. For corporations, application must be signed by an authorized officer of
the corporation. For general or limited partnerships, application must be signed by a general partner. For LLC, application must be
signed by a manager of a manager-managed company or by a member of a member-managed company. For LLP, application must
be signed by a partner.
Line 1. State the full name of the applicant. State the complete address (including city, state, and zip code) of the applicant.
Line 2. Check whether the service mark to be registered is a new registration or a renewal of an existing registration. Renewals must
be received prior to the expiration date of the current registration.
Line 3. Check one of the blocks to indicate the status of the applicant. If you check “Other,” you must explain what type of entity the
applicant is.
Line 4. If the applicant is a corporation, partnership, or limited liability company, list the state or country in which it was incorporated,
formed or organized.
Line 5. State complete service mark to be registered. If the service mark consists of a word or words, without a specific design, the
same must be typed or printed. If the service mark consists of a symbol or design, with or without words, a complete
description must be typed or printed and one (1) exact copy of the service mark must be filed with the application.
Line 6. State the services to be identified by the service mark. (Services must fall within the classification listed on Line 8)
Line 7. State the mode or manner in which the service mark is used in connection with the services provided. Some of the common
ways service marks may be used in commerce are on business cards, letterhead, signage, advertising, or promotional
materials.
Line 8. State only one category from the list of service mark classifications provided. Select a category from 35 to 45 only.
For a detailed list of acceptable classification of services, please check the USPTO website at:
A separate application and fee is required for each classification desired.
Line 9. State the date the mark was first used anywhere, and the date the mark was first used in Hawaii by the applicant or a
predecessor in interest.
Filing Fees: Filing fee ($50.00) is not refundable. Make checks payable to DEPARTMENT OF COMMERCE AND
CONSUMER AFFAIRS. Dishonored Check Fee $25.00.
For any questions call (808) 586-2727. Neighbor islands may call the following numbers followed by 6-2727 and the # sign:
Kauai 274-3141; Maui 984-2400; Hawaii 974-4000, Lanai & Molokai 1-800-468-4644 (toll free).
Fax: (808) 586-2733
Email Address:
breg@dcca.hawaii.gov
NOTICE: THIS MATERIAL CAN BE MADE AVAILABLE FOR INDIVIDUALS WITH SPECIAL NEEDS. PLEASE CALL THE
DIVISION SECRETARY, BUSINESS REGISTRATION DIVISION, DCCA, AT 586-2744, TO SUBMIT YOUR REQUEST.
ALL BUSINESS REGISTRATION FILINGS ARE OPEN TO PUBLIC INSPECTION. (SECTION 92F-11, HRS)
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