19 NYCRR Part 140 - Department of State

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Source versions current through Apr 15, 2022 - Nov 30, 2022 across sections

Sections in this Part carry different compiled dates; each section shows its own.

19 NYCRR 140.1 - Forms and clarity of documents

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Every application for registration or renewal must be on a current form supplied by the Department of State, completed in the English language, plainly written or typed, and of sufficient clarity to permit recording and reproduction by the department in its current record retention medium. If the mark or any part thereof is not in the English language, it must be accompanied by a sworn translation.

19 NYCRR 140.2 - Registration date

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

After an application has been examined and found acceptable, the registration date is the date of initial receipt of the application by the department.

19 NYCRR 140.3 - Description of mark

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

A description of the mark, other than merely a word mark, must be set forth in the application including a written description of any designs sought to be registered. All extraneous matter should be omitted.

19 NYCRR 140.4 - Proof of distinctiveness

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

When registration is sought of a mark which would be unregistrable by reason of section 360-a(e) of the General Business Law but which is said by the applicant to have become distinctive in commerce of the goods or services set forth in the application, the applicant may, in support of registrability, submit with the application, or in response to a request for evidence or a refusal to register, affidavits, depositions or other appropriate evidence showing duration, extent and nature of use and advertising expenditures in connection therewith (identifying types of media and attaching typical advertisements), and affidavits, letters, or statements from the trade or public, or both, or other appropriate evidence tending to show that the mark distinguishes such goods or services.

19 NYCRR 140.5 - Rejection and resubmission of applications

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

If an application is found not entitled to registration, the department will advise the applicant and give the reasons for the rejection. The applicant has six months following the rejection within which to reply or amend the application, which will then be re-examined. This procedure may be repeated until:

(a)the department finally refuses registration; or

(b)the applicant allows the six-month response period to lapse without filing a reply, amendment, or appeal.

If the applicant fails to file a proper response within six months, the application is deemed abandoned. An abandoned application may be revived as a pending application if it is shown to the satisfaction of the department that the delay was unavoidable.

19 NYCRR 140.6 - Classification of goods and services

Source version current through Nov 30, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Nov 30, 2022

The following classification of goods and services is established for convenience of administration, as required by General Business Law, section 360-i.

GOODS

1.Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes, for industrial use; manures (natural and artificial); fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; adhesive substances used in industry.

2.Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; coloring matters, dyestuff; Mordants; natural resins; metals in foil and powder form for painters and decorators.

3.Bleaching preparations and other substances for laundry use, cleaning, polishing, scouring, and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

4.Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, night lights and wicks.

5.Pharmaceutical, veterinary, and sanitary substances; infants' and invalid's foods; plasters, material for bandaging; material for stopping teeth, dental wax; disinfectants; preparations for killing weeds and destroying vermin.

6.Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (nonelectric); locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes; ores.

7.Machines and machine tools; motors (except for land vehicles); machine couplings and belting (except for land vehicles); large size agricultural implements; incubators.

8.Hand tools and instruments; cutlery, forks, and spoons; side arms.

9.Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counter-freed apparatus; talking machines; cash registers; calculating machines; fire extinguishing apparatus.

10.Surgical, medical, dental, and veterinary instruments and apparatus (including artificial limbs, eyes, and teeth).

11.Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

12.Vehicles; apparatus for locomotion by land, air, or water.

13.Firearms; ammunition and projectiles; explosive substances; fireworks.

14.Precious metals and their alloys and goods in previous metals or coated therewith (except cutlery, forks, and spoons); jewelry, precious stones, horological, and other chronometric instruments.

15.Musical instruments (other than talking machines and wireless apparatus).

16.Paper and paper articles, cardboard and cardboard articles; printed matter, newspaper and periodicals, books; bookbinding material; photographs; stationery, adhesive materials (stationery); artists' materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; printers' type and cliches (sterotype).

17.Gutta percha, indiarubber, balata, and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks, and rods, being for use in manufacture; materials for packing, stopping, or insulating; asbestos, mica and their products; hose pipes (nonmetallic).

18.Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and traveling bags; umbrellas, parasols, and walking sticks; whips, harness, and saddlery.

19.Building materials, natural and artificial stone, cement, lime, mortar, plaster, and gravel; pipes of earthenware or cement; road-making materials; asphalt, pitch, and bitumen; portable buildings; stone monuments; chimney pots.

20.Furniture, mirrors, picture frames; articles (not included in other classes) of wood, cork, reeds, cane, wicker, horn bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials, or of plastics.

21.Small domestic utensils and containers (not of precious metals, or coated therewith); combs and sponges; brushes (other than paint brushes); brushmaking materials; instruments and material for cleaning purposes, steel wool; unworked or semiworked glass (excluding glass used in building); glassware, porcelain, and earthenware, not included in other classes.

22.Ropes, string, nets, tents, awning, tarpaulins, sails, sacks; padding and stuffing materials (hair, kapok, feathers, seaweed, etc.); raw fibrous textile materials.

23.Yarns, threads.

24.Tissues (pieces goods); bed and table covers; textiles articles not included in other classes.

25.Clothing, including boots, shoes, and slippers.

26.Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes, pins and needles; artificial flowers.

27.Carpets, rugs, mats and matting; linoleums and other materials for covering existing floors; wall hangings (nontextile).

28.Games and playthings; gymnastic and sporting articles (except clothing); ornaments and decorations for Christmas trees.

29.Meat, fish, poultry, and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, eggs, milk and other dairy products; edible oils and fats; preserves, pickles.

30.Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices; ice.

31.Agricultural, horticultural, and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals, malt.

32.Beer, ales, and porter; mineral and aerated waters and other nonalcoholic drinks; syrups and other preparations for making beverages.

33.Wines, spirits, and liqueurs.

34.Tobacco, raw or manufactured; smokers' articles; matches.

SERVICES

35.Advertising and business.

36.Insurance and financial.

37.Construction and repair.

38.Communication.

39.Transportation and storage.

40.Material treatment.

41.Education and entertainment.

42.Miscellaneous.

19 NYCRR 140.7 - Withdrawal of application

Source version current through Apr 15, 2022

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of State
Section status: Section source receipt
Source version current through: Apr 15, 2022

Prior to actual registration of a mark, the applicant by written request may withdraw the application.

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