(a)  Subject to the limitations stated in this chapter, any person who adopts and uses a mark may file in the office of the secretary of state, on a form to be furnished by him or her, an application for registration of that mark stating, but not limited to, the following information:

(1)  The name and business address of the person applying for the registration, and, if a business corporation, non-profit corporation, limited liability partnership, limited partnership, or limited liability company, the state of incorporation or formation, as applicable;

(2)  The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with the goods or services, and the class in which the goods or services fall;

(3)  The date when the mark was first used anywhere and the date when it was first used in the state by the applicant or his or her predecessor in business; and

(4)  A statement that the applicant is the owner of the mark and that no other person has the right to use the mark in the state, either in the identical form of the mark or in such near resemblance to it as might be calculated to deceive or to be mistaken for it.

Terms Used In Rhode Island General Laws 6-2-2

  • Applicant: means any person filing an application for registration of a mark under this chapter, his or her legal representatives, successors, or assigns;

    (2)  "Mark" means any trademark or service mark entitled to registration under this chapter whether registered or not;

    (3)  "Person" means any individual, firm, partnership, corporation, association, union, or other organization;

    (4)  "Registrant" means any person to whom the registration of a mark under this chapter is issued, his or her legal representative, successors, or assigns;

    (5)  "Service mark" means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others;

    (6)  "Trade name" means a word, name, symbol, device, or any combination thereof used by a person to identify his or her business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others;

    (7)  "Trademark" means any word, name, symbol, or device, or any combination of them, adopted and used by a person to identify goods made or sold by him or her, and to distinguish them from goods made or sold by others;

    (8)  For the purposes of this chapter, a trademark is deemed to be "used" in the state:

    (i)  On goods when it is placed in any manner on the goods or their containers or the displays associated with the goods or their containers, or on the tags or labels affixed to them, and the goods are sold or otherwise distributed in the state; and

    (ii)  On services when it is used or displayed in the sale or advertising of services, and the services are rendered in the state. See Rhode Island General Laws 6-2-1

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6

(b)  The application shall be signed and verified by the applicant or by a member of the firm or an officer of the business corporation non-profit corporation; authorized partner of the limited liability partnership; general partner of the limited partnership; authorized person of the limited liability company; or association applying for registration.

(c)  The application shall be accompanied by a specimen or facsimile of the mark in triplicate.

(d)  The application for registration shall be accompanied by a filing fee of fifty dollars ($50.00), payable to the secretary of state.

History of Section.
P.L. 1975, ch. 89, § 2; P.L. 1990, ch. 65, art. 43, § 1; P.L. 2007, ch. 394, § 1; P.L. 2007, ch. 486, § 1; P.L. 2014, ch. 528, § 4.