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4-71-204. Filing of applications.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-71-204. Filing of applications.
(a) Upon the filing of an application for registration and payment of the application fee, the Secretary of State may cause the application to be examined for conformity with this subchapter.
(b) The applicant shall provide any additional pertinent information requested by the Secretary of State, including a description of a design mark, and may make or authorize the Secretary of State to make such amendments to the application as may be reasonably requested by the Secretary of State or deemed by the applicant to be advisable to respond to any rejection or objection.
(c)(1) The Secretary of State may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered.
(2) No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or shall have become distinctive of the applicant's or registrant's goods or services.
(d) Amendments may be made by the Secretary of State upon the application submitted by the applicant upon the applicant's agreement or a fresh application may be required to be submitted.
(e)(1) If the applicant is found not to be entitled to registration, the Secretary of State shall advise the applicant thereof and of the reasons therefor.
(2)(A) The applicant shall have a reasonable period of time specified by the Secretary of State in which to reply or to amend the application, in which event the application shall then be reexamined.
(B) This procedure may be repeated until:
(i) The Secretary of State fi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-71-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:4-71-204
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d8cbba99f7db1f2a40a0afbe8eddb4b804b680eef06466094661a98b12c56a86
Source location: content.xml paragraph 30792
Stored source content
4-71-204. Filing of applications.
(a) Upon the filing of an application for registration and payment of the application fee, the Secretary of State may cause the application to be examined for conformity with this subchapter.
(b) The applicant shall provide any additional pertinent information requested by the Secretary of State, including a description of a design mark, and may make or authorize the Secretary of State to make such amendments to the application as may be reasonably requested by the Secretary of State or deemed by the applicant to be advisable to respond to any rejection or objection.
(c)(1) The Secretary of State may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark sought to be registered.
(2) No disclaimer shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or shall have become distinctive of the applicant's or registrant's goods or services.
(d) Amendments may be made by the Secretary of State upon the application submitted by the applicant upon the applicant's agreement or a fresh application may be required to be submitted.
(e)(1) If the applicant is found not to be entitled to registration, the Secretary of State shall advise the applicant thereof and of the reasons therefor.
(2)(A) The applicant shall have a reasonable period of time specified by the Secretary of State in which to reply or to amend the application, in which event the application shall then be reexamined.
(B) This procedure may be repeated until:
(i) The Secretary of State finally refuses registration of the mark; or
(ii) The applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.
(f)(1) If the Secretary of State finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel such registration.
(2) Such writ may be granted, but without costs to the Secretary of State, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
(g)(1) In the instance of applications concurrently being processed by the Secretary of State seeking registration of the same or confusingly similar marks for the same or related goods or services, the Secretary of State shall grant priority to the applications in order of filing.
(2)(A) If a prior-filed application is granted a registration, the other application or applications shall then be rejected.
(B) Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of § 4-71-209.
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Arkansas Code — all titles (historical 2020) · legal_authorities
4-71-209. Cancellation.
The Secretary of State shall cancel from the register, in whole or in part:
(1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;
(2) All registrations granted under this subchapter and not renewed in accordance with the provisions of this subchapter;
(3) Any registration concerning which a court of competent jurisdiction shall find that:
(A) The registered mark has been abandoned;
(B) The registrant is not the owner of the mark;
(C) The registration was granted improperly;
(D) The registration was obtained fraudulently;
(E) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(F)(i) The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant under this subchapter, and not abandoned, as to be likely to cause confusion or mistake or to deceive.
(ii) Provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this subchapter shall not be cancelled for that area of the state; or
(4) Any registration that a court of competent jurisdiction shall order cancelled on any ground.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-71-209
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-71-209. This identifies an authority to review, not proof of applicability.