Frequently Asked Questions

No. Once an application or form has been notarized, it cannot be changed. If your application has been rejected for inadequate responses, a new application should be submitted. Fillable PDF forms may help you to save your application to make subsequent corrections.

Any rejected application will be returned with a cover sheet explaining the reasons for rejection. Any specimens and payment which were provided with the application will also be returned with the rejection notice.

The dates of first use can be important when determining who has rights to a mark if two applicants apply for the same or similar marks. Even if the mark is not currently protected, the individual who was using the mark in business first will likely be granted some protection for the earlier version in the event of a court conflict.

See A.C.A. § 4-71-203(a)(3)

Disclaimers are necessary when a word, phrase, or design is in common usage by the public. For example, if applying for “Tops Sandwich Shop,” applicant should disclaim use of the word “sandwich” and “shop” because they are commonly used words. Geographic locations must also be disclaimed. “Arkansas River,” “Petit Jean Mountain” and town names such as “Little Rock” are geographic locations, and ownership cannot be claimed for names of locations.

Additional disclaimer information is can be found on the United States Patent and Trademark Office’s website. Although their information specifically references the application process for a Federal Trademark, the general information stated similarly applies to Arkansas registration of Trademarks and Service marks concerning the use of disclaimers.
http://www.uspto.gov/trademark/laws-regulations/how-satisfy-disclaimer-requirement

Our Office may ask you to “disclaim” the exclusive right to use certain words, phrases, or design elements included in your mark. This means that certain parts of the mark are not distinctive when viewed from the whole mark. Generally, a disclaimer will be requested for use of a geographical location or words in common usage (e.g., the state name “Arkansas” or the word “restaurant”). Disclaiming the exclusive right to use words does not mean that you cannot use them as part of your mark; it is simply a statement that you do not claim any right to those words apart from your mark and will not prevent others from using the disclaimed words.

See A.C.A. § 4-71-204(c)(1)

No. Different versions of the mark are considered separate marks and separate applications (including separate payment and specimens) will be necessary to protect each version.

Yes. A mark is eligible for registration in multiple classes. One application can be used for multiple classes as long as all of the classes fall under their corresponding selection as a Trademark or Service mark. Trademark classifications are numbered 1-34 and Service mark classifications are numbered 35-45. The detailed list of classifications with their titles is provided on page four (4) of the Trademark/Service Mark application’s instructions. https://www.sos.arkansas.gov/uploads/bcs/TMApplicationInstructions.pdf

No. Applications are processed in the order they are received. If you choose to hand-deliver your application, your filing will still go through the same review process and the applicant will receive an answer by mail.

Applications are handled as they are received, on a first come, first serve basis. Although a specific time frame cannot be given, it may take several weeks before an applicant receives a response from our Office. The protection of an applicant’s mark, along with protection of current marks on file, is important to us; we strive to search for potential conflicts and ensure the submitted application is complete and accurate. Nevertheless, receipt of a Trademark or Service mark from the Arkansas Secretary of State is not a guarantee of absolute right to use the mark; since prior or superior rights to use the mark may exist elsewhere.

The application may be signed by the following, according to the type of applicant:

(1) An officer of the corporation should sign on behalf of a corporation;
(2) A General Partner should sign on behalf of a partnership;
(3) A member or manager of a limited liability company should sign on behalf of the LLC;
(4) An individual should sign on their own behalf. If there is more than one individual listed in #2, each individual should sign a separate notarized affidavit; or
(5) A non-employee attorney may sign when proof of corporate authorization has been provided to our Office and signed by an officer on record with the Secretary of State. In-house counsel is acceptable and should so indicate with words “General Counsel” (or “Assistant General Counsel”, etc.) A.C.A. §4-71-203(b)(3).

No. The application, payment, and specimens submitted must be original. Faxed or photocopied signatures are not acceptable. You should mail or hand-deliver your application to:

Arkansas Secretary of State
Business & Commercial Services
Attn: Trademark/Service Marks
1401 W. Capitol Ave., Suite 250
Little Rock, AR 72201

No. However, it is important to keep in mind that our Office can only assist you in the basic completion of the application. Our Office cannot give you any legal or business advice. In general, rejected applications are most often submitted by non-attorneys. Applicants may benefit greatly by consulting with an attorney about the best way to protect their intellectual property.

Yes, searching for potential conflicts is required by the applicant in order to confirm no one else is using a similar mark, or portions thereof. A.C.A. 4-71-203(b)(1). This will also help the applicant avoid the investment of money and time in registering your mark, especially if a conflict is discovered. You can search current Trademarks/Service marks registered with the Arkansas Secretary of State at: http://www.sos.arkansas.gov/corps/trademk/index.php. Also, please conduct a search for business entities registered with the Secretary of State at: http://www.sos.arkansas.gov/corps/search_all.php. A proposed mark may be rejected for being confusingly similar to an entity registered with our Office.

See A.C.A. § 4-71-202(6).

A search should also be conducted for marks registered with the United States Patent and Trademark Office (USPTO) at: https://www.uspto.gov/trademarks/search “Live” marks on file with the USPTO may prevent the registration of a proposed mark with the Arkansas Secretary of State given certain circumstances.

A fillable PDF of the application may be obtained online at: https://www.sos.arkansas.gov/uploads/bcs/TMApplication.pdf

A hard copy may be picked up in person at the Secretary of State’s Business & Commercial Services Division (1401 W. Capitol Ave., Suite 250, Little Rock, AR 72201). By request, an application may be mailed to applicant by calling (501) 682-3409.

A payment of $50.00, made payable to the Secretary of State, is required for all new and renewal applications. The fee should be submitted with the application, but the payment will not be processed unless the application is accepted. Payment will be returned with the application if it is rejected for any reason. If sending in more than one application, please provide a separate check for each application.

See A.C.A. § 4-71-203(b)(5).

Any entity (individual, corporation, partnership, or other legal entity) can apply to register for a Trademark or Service mark. A mark is generally owned by the individual or individual(s), corporation, partnership, or other organizations offering goods or services. If a business entity provides the goods or services under a certain mark or logo, the business owns this mark; an individual of that business entity does not own the mark or logo.

A specimen is an actual sample of how the mark is used in business. The specimens provided by the applicant must be in actual use by the applicant within the state of Arkansas. Business cards, clothing tags, labels for a product, etc. are examples of commonly provided specimens that show the mark as it is actually being used. (A photocopy of a business card or a picture of a t-shirt is not acceptable because those photocopies and pictures are not given to potential clients or purchased by customers.)

See A.C.A. § 4-71-203(b)(4)

The Arkansas Secretary of State’s list of classifications for goods and services conforms to the United States Patent and Trademark Office’s international classification list. See A.C.A. § 4-71-210(c). For a detailed description of each classification, visit: https://www.uspto.gov/trademarks/trademark-updates-and-announcements/nice-agreement-current-edition-version-general-remarks

The classifications are descriptive categories used by our Office. They help determine whether the mark is associated with the applicant’s goods or services; and also to determine whether the mark may conflict with, or be confusingly similar to, a mark for other goods or services. If applying for a Trademark, you must choose from Trademark classifications. If applying for a Service mark, you must choose from Service mark classifications. (An application for a Trademark with a Service mark classification or vice versa will be rejected.)

Generally, you use a Service mark to identify services that are offered or sold (ex: restaurant, retail business, or computer services).

“ ‘Service mark’ means any word, name, symbol, or device or combination thereof used by a person to identify and distinguish the services of one (1) person, including unique service, from the services of others, and to indicate the source of the services, even if the source is unknown.” A.C.A. § 4-71-201(8)(A)

[Note: The terms “mark” and “trademark” are generically used in the following information to refer to both Trademarks and Service marks.]

Generally, you use a Trademark to identify products or goods that are sold (ex: beverages, magazines, furniture, or food). “ ‘Trademark’ means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of goods, even if the source is unknown.” A.C.A. § 4-71-201(10)