Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:

Terms Used In North Dakota Code 47-22-03

  • 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.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

1.    The name and business address of the person applying for such registration; if a corporation, the state or country of incorporation and address of the principal place of business; if a limited partnership, the state or country of the organization and address of the principal place of business; and, if a limited liability company, the state or country of organization and the principal place of business; 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 such goods or services and the class, or classes, in which such goods or services fall; 3.    The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or the applicant’s 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 such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor. The application must be signed by the applicant or by a member of the firm, an officer of the corporation or association, or manager of the limited liability company applying.

The application must be accompanied by a specimen or facsimile of such mark in duplicate. The application for registration must be accompanied by a filing fee of thirty dollars for one class of goods or services and twenty dollars for each additional class, payable to the secretary of state.