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365.573 Filing of applications.
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Upon the filing of an application for registration and payment of the application fee
prescribed in KRS 365.571, the Secretary may cause the application to be examined
for conformity with KRS 365.561 to 365.613.
The applicant shall provide any additional pertinent information requested by the
Secretary, including a description of the design mark, and may make, or authorize
the Secretary to make any amendments to the application as are reasonably
requested by the Secretary, or deemed advisable by the applicant to respond to any
rejection or objection.
The Secretary may require the applicant to disclaim exclusive rights in an
unregistrable component of a mark otherwise registrable, and an applicant may
voluntarily disclaim a component of a mark sought to be registered. 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 under another application if the disclaimed matter has become
distinctive of the applicant's or registrant's goods or services.
The Secretary may amend the application with the applicant's agreement or may
require a substitute application to be submitted.
The Secretary shall advise the applicant if he is not entitled to registration and state
the reasons for the decision. The applicant shall have a reasonable period of time as
set out in administrative regulations promulgated by the Secretary, in which to reply
to or amend the application, in which event the application shall then be
reexamined. This procedure may be repeated until:
(a) The Secretary finally refuses registration of the mark; or
(b) The applicant fails to reply to or amend the application within the specified
period, whereupon the application shall be deemed to have been withdrawn.
If the Secretary finally refuses registration of the mark, the applicant may appeal the
decision to the Franklin Circuit Court. The court may summarily order the Secretary
to register the mark on proof that all the statements in the application are true and
that the mark is otherwise entitled to registration. The Secretary of State shall not be
liable for any court costs. The court's final decision may be appealed as in other
civil proceedings.
If two (2) or more applications are concurrently being processed by the Secretary
seeking registration of the same or confusingly similar marks for the same or related
goods or services, the Secretary shall grant priority to the applications in the order
of filing. If a prior-filed application is granted a registration, the other applications
shall then be rejected. Any rejected applicant may bring an action for cancellation of
the registration on grounds of prior or superior rights to the mark, in accordance
with the provisions of KRS 365.591.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 468, sec. 4, effective July 15, 1994.
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