Chapter 1

Trademark Information

 

Section 1.                General Provisions.

 

(a)               Authority.   These rules are promulgated by the Secretary of State under W.S. 40-1-116.
 

(b)               Definitions.

 

(i)                 "Applicant" means a person who has submitted an application for the registration of a mark to the Secretary of State.

 

(ii)               "Authorized" is defined as being officially registered with the Secretary of State.

 

(iii)             "Common ownership" means two or more businesses which are owned by the same person.

 

(iv)             "Deceptively similar" means a proposed business name, trademark or service mark which is similar in appearance to, similar in sound to, or most pertinent words are the same as, an authorized trademark or service mark.

 

(v)               "Proposed business name user," "proposed business mark user," "proposed business name," "proposed business mark" or phrases of similar import mean the applicant which is defined above.

 

(vi)             "Ten days" means ten (10) business days.

 

(vii)           "Twenty days" means twenty (20) calendar days.

 

(viii)         "Written notice" means delivery by standard United States mail unless otherwise noted in the statute or rules. The Secretary of State may send notice by a more expedited or secure method such as priority mail, express delivery service, or email.

 

(c)               Filing Requirements.

 

(i)                 In addition to the requirements set forth in W.S. 40-1-103, the  application for registration of a mark shall include:

 

(A)              The mailing address of the applicant;

 

(B)              If applicant is a:

 

(I)                  Corporation, the state of incorporation; or

 

(II)                Partnership, the state in which the partnership is organized and the names of the general partners; or

 

(III)             Limited liability company, the state in which it is organized and the names of the managers or if it has no managers then the names of the members; or

 

(IV)             Statutory trust, the state of organization and the names of its trustees; or

 

(V)               Another juristic person as set forth in W.S. 40-1-103, the state in which the juristic person as defined in W.S. 40-1-101(d) is organized.

 

(C)              A statement as to whether an application to register the mark has been filed by the applicant in the United States Patent and Trademark Office as set forth in W.S. 40-1-103(a)(v).

 

(ii)               The renewal application shall include:

 

(A)              The name and address of the applicant;

 

(B)              If applicant is a:

 

(I)                  Corporation, the state of incorporation; or

 

(II)                Partnership, the state in which the partnership is organized and the names of the general partners; or

 

(III)             Limited liability company, the state in which it is organized and the names of the managers or if it has no managers then the names of the members; or

 

(IV)             Statutory trust, the state of organization and the names of its trustees; or

 

(V)               Another juristic person as set forth in W.S. 40-1-103, the state in which the juristic person as defined in W.S. 40-1-101(d) is organized.

 

(C)              The date of original registration;

 

(D)              A written description of the trademark or service mark;
 

(E)               The class number and title of the goods or services;

(F)               A brief description of the goods or services within the class; and

 

(G)               The mode or manner in which the mark is used.

 

(d)               Forms.

 

(i)                 The Secretary of State shall prescribe filing and renewal forms.

 

(ii)               The Secretary of State shall provide written notice to registrants whose trademarks or service marks are up for renewal six (6) months prior to the expiration date of the mark.  Written notice may be provided via first class mail, email, or another delivery mechanism authorized by the Secretary of State.

 

(e)               Fees.

 

Initial Trademark Registration	$100.00
Trademark Renewal	$50.00
Trademark Assignment	$25.00
Trademark Cancellation	$10.00

 

Section 2.                Refused Mark Application.

 

(a)               Marks Which Cannot be Registered.  In addition to the provisions found in W.S. 40-1-102, a mark cannot be registered which is:
                  

(i)                 A livestock brand;

 

(ii)               An internet domain name;

 

(iii)             A mark containing the Bucking Horse and Rider (BH&R) mark, as federally registered by the Secretary of State on behalf of the State of Wyoming.  See rules regarding the BH&R at https://rules.wyo.gov.

 

(b)               Procedure if Filing is Refused.

 

(i)                 If a filing officer refuses a mark because it is the same as, or deceptively similar to, a currently authorized mark, trade name or the name of a juristic person, the applicant may file a consent from the authorized business name or mark user if the applicant has common ownership with the authorized business name or mark user.

 

(ii)               If a filing officer determines that an application is not entitled to registration for any reason set forth in W.S. 40-1-102 and these rules, the filing officer shall notify the applicant within twenty (20) days after the application is delivered, that it is not entitled to registration with a brief, written explanation of the reason. The applicant has ten (10) days from the delivery of the returned application to reply in writing or amend its application. Within twenty (20) days after delivery of the response or amendment to the Secretary of State, the filing officer shall:

 

(A)              File the application;

 

(B)              Request the application be amended;

 

(C)              Request additional information; or

 

(D)              Refuse the application.

 

(iii)             The procedures in (ii) shall continue to be followed until the filing officer either refuses to file the application or the applicant fails to reply or amend the application within the specified period of time.

 

(iv)             If the filing officer refuses to file the application due to a deceptively similar name on file, the Secretary of State may notify the authorized name or mark user that he may present information as to why the refusal should or should not be granted. If the authorized name or mark user chooses to provide information, they shall do so within ten (10) days of delivery of the notification.

 

(v)               If the Secretary of State refuses the application, or if the Secretary of State accepts an application that has been challenged because of its name, a final decision letter shall be issued which shall include the reasons for the decision.  All parties shall be notified of the decision by certified letter.

 

(vi)             This procedure shall be informal and shall not be a contested case proceeding. Any final decision may be appealed to the appropriate district court pursuant to the Wyoming Administrative Procedure Act. If this procedure is invoked, the thirty (30) day appeal time provided in Rule 12.04 of the Wyoming Rules of Appellate Procedure and the judicial review addressed in W.S. 16-3-114, does not begin to run until the Secretary of State issues a final decision letter as described above.
 

Section 3.                Classification of Marks.

 

(a)               Classification.

 

(i)                 The following general classes of goods and services are established for convenience of administration of W.S. 40-1-101 through -102. A single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used comprised in a single class. In no event shall a single application include goods or services upon which the mark is being used which fall within different classes of goods or services.

(ii)               The classes are as follows:

 

(A)              Goods:

 

1	Raw or partly prepared materials
2	Receptacles
3	Baggage, animal equipments, portfolios, and pocketbooks
4	Abrasives and polishing materials
5	Adhesives
6	Chemicals and chemical compositions
7	Cordage
8	Smokers' articles, not including tobacco products
9	Explosives, firearms, equipments, and projectiles
10	Fertilizers
11	Inks and inking materials
12	Construction materials
13	Hardware and plumbing and steam-fitting supplies
14	Metals and metal castings and forgings
15	Oils and greases
16	Paints and painters' materials
17	Tobacco products
18	Medicines and pharmaceutical preparations
19	Vehicles
20	Linoleum and oiled cloth
21	Electrical apparatus, machines, and supplies
22	Games, toys, and sporting goods
23	Cutlery, machinery, and tools, and parts thereof
24	Laundry appliances and machines
25	Locks and safes
26	Measuring and scientific appliances
27	Horological instruments
28	Jewelry and precious-metal ware
29	Brooms, brushes, and dusters
30	Crockery, earthenware, and porcelain
31	Filters and refrigerators
32	Furniture and upholstery
33	Glassware
34	Heating, lighting, and ventilating apparatus
35	Belting, hose, machinery packing, and nonmetallic tires
36	Musical instruments and supplies
37	Paper and stationery
38	Prints and publications
39	Clothing
40	Fancy goods, furnishings, and notions
41	Canes, parasols, and umbrellas
42	Knitted, netted and textile fabrics, and substitutes therefor
43	Thread and yarn
44	Dental, medical, and surgical appliances
45	Soft drinks and carbonated waters
46	Foods and ingredients of foods
47	Wines
48	Malt beverages and liquors
49	Distilled alcoholic liquors
50	Merchandise not otherwise classified
51	Cosmetics and toilet preparations
52	Detergents and soaps

 

(B)              Services:

 

100	Miscellaneous
101	Advertising and business
102	Insurance and financial
103	Construction and repair
104	Communications
105	Transportation and storage
106	Material treatment
107	Education and entertainment
108	Technology and technology services