Trade Or Service Mark Application Form 901 Page 2
Download a blank fillable Trade Or Service Mark Application Form 901 in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Trade Or Service Mark Application Form 901 with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2
3
4
5
6
7
8
9Instructions for Application
Type or print in black ink in English, subject to the provisions of § 93.31 of 1 Texas
Administrative Code Chapter 93. Use of the application form is recommended, but not
mandatory. Submit your application along with a drawing, specimens, and filing fee of $50 per
classification:
by mail to the Secretary of State, PO Box 13697, Austin, Texas 78711-3697;
fax with credit card information (Form 807) to (512) 463-5709; or
delivery to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas
78701.
Item 1:
The applicant should be the person who owns the mark and controls the use of the mark and
the quality of the goods or services. If the applicant is an individual sole proprietor doing
business under an assumed name (“d/b/a”), then provide the individual’s name, followed by
the assumed name of the business. If the applicant is a general partnership or joint venture,
then provide the name of the partnership or joint venture. If the applicant is an organized
entity, such as a corporation, limited liability company, or limited partnership, then provide
the legal name of the organized entity as shown in its formation document (e.g., ABC
Business Company, Inc.)
Item 2:
Provide the business address of the applicant. (During the examination process, the secretary
of state will send correspondence regarding the application to the submitter address provided
in the cover letter, envelope, or enclosed check.)
Item 3:
If the applicant named in Item 1 is a corporation, limited liability company, limited
partnership, general partnership, or other business entity, identify the type of business
organization and the state under whose laws the entity was incorporated or organized. Out-
of-state applicants should also submit invoices or other material demonstrating the sale of
goods or the rendition of services in Texas commerce.
Item 4:
If the applicant is organized as a general or limited partnership, then provide the names of all
general partners.
Item 5:
Name and/or Description of the Mark. Describe the mark exactly as it appears in the samples
of use and drawing sheet accompanying the application in Item 5A. The description in Item
5A, the drawing of the mark, and the samples of use provided must match.
Color Claim. If color is claimed as a feature of the mark, check the “yes” box in 5B. If no
color is claimed, check the “no” box in 5B. If the “yes” box is checked, list the color(s)
claimed in 5C, and list the location of each color in 5D.
The applicant can seek to register only one mark per application; a single application may not
be used to register multiple variations or multiple color combinations.
Item 6:
A disclaimer may be included in an original application. Generally, components that are
generic or descriptive of the goods or services would be disclaimed (e.g., an outline of the
state, a geographic term of origin, or words that are commonly used to describe the goods or
services). An applicant cannot disclaim all elements of the proposed mark. A properly
worded disclaimer might be: Without waiving any right at common law, no claim is made to
the exclusive right to use of __________ apart from the mark as shown.
Form 901
2
ADVERTISEMENT
0 votes
Related Articles
Related forms
Related Categories
Parent category: Business