STATE OF ALABAMA INSTRUCTIONS FOR APPLICATION TO REGISTER TRADEMARK, SERVICE MARK, OR TRADE NAME IN ALABAMA REGISTRATION Trademark, service mark, and trade name (hereinafter referred to as “marks”) registrations are administered at the state level in the Office of the Secretary of State. Any word, symbol, logo, slogan or combination thereof adopted and used by the applicant to identify services rendered is a Service Mark. Any word, symbol, logo, slogan or any combination thereof adopted and used by the applicant to identify goods made or sold is a Trademark. A word, symbol, logo, slogan or combination thereof adopted and used by the applicant to identify the business, vocation, occupation, or profession is a Trade Name. Registration of marks is a complex matter. Because of the complexity of the laws pertaining to registration of marks, this office recommends that applicants seek the advice of (a) specifically trained and/or licensed professional(s) prior to submitting the application. It is the applicant’s personal responsibility to ensure the mark does not infringe on any other individual/business mark. It is also the responsibility of the applicant to ensure the mark is not being used in a fraudulent manner. Rejection/denial of the application by this office does not prevent use of the mark. Rights of ownership of a particular mark are achieved through the common laws of adoption and usage, not registration. The effective term for mark registrations is five years. A mark may be renewed for successive periods of five years six months prior to the expiration date. SPECIMENS Specimens are an important part of the registration process. Specimens are samples which perform the function of verifying usage of a mark. Clear copies of specimens are generally accepted. Before submitting the application for registration, inspect all specimens for clarity. Altered or defaced specimens will not be accepted. Illegible specimens are also unacceptable. All specimens submitted must be clear and clean. Three specimens displaying the mark in use must be submitted with the application. Some acceptable mark specimens are business cards, brochures, flyers, labels, decals, tags, and newspaper advertisements. Specimens may be originals or legible copies. APPLICATION Before submitting the Application for Registration, review the items below to ensure the application has been completed. Failure to do so may result in rejection/denial of the application. 1. Complete ALL applicable items on the application to register trademark, service mark and trade name. Please Note: Items 3, 9 and 10 may not apply to all applications for registration. If “partnership” is selected for Item 2, please list the names and addresses of ALL partners for Item 3. If applicant has received permission to use the mark being registered, applicant must submit a notarized written consent and disclaimer from the owner of the mark for Items 9 and 10. The written consent and disclaimer must be submitted with the application. 2. Select one classification number using the attached Schedules of Classifications to complete Item 7. Please Note: When an application includes goods or services which fall within multiple classes, the Office of the Secretary of State requires an additional application for registration and an additional registration fee for each class. 3. Submit three (3) specimens and a thirty dollar ($30.00) registration fee at the time of filing. 4. Have the application notarized by a Notary Public. 5. If a Federal Registration has been granted for the mark, include a copy with the application for registration. If you have questions, please contact: Office of Secretary of State Lands and Trademarks Division 100 North Union Street, Suite 770 Montgomery, Alabama 36130 (334) 242-5325 American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE OF CLASSIFICATION OF BUSINESSES 1 Agriculture, forestry, and fisheries 14 Eating and drinking places, drugstores, and liquor stores 2 Mining 15 Sporting goods, bicycles, and hobby stores 3 Construction 16 Book, stationery, jewelry, sewing, needlework, and piece-goods stores 17 Mail-order houses, vending machine operators, and 4 Manufacturing, nondurable goods direct selling establishments, fuel and ice dealers, and retail florists 5 Manufacturing, durable goods 6 Transportation, communications, and other public 18 Retail trade - miscellaneous utilities 19 Finance, insurance, and real estate 7 Wholesale trade, nondurable goods 8 Wholesale trade, durable goods 9 Retail trade - lumber and building materials, 20 Business and repair services 21 Personal services mobile home dealers, hardware, nurseries and garden stores 22 Entertainment and recreation services 10 Retail trade - department, variety, miscellaneous general merchandise, grocery, dairy products, retail bakery, and food stores 23 Professional and related services 11 Retail trade - motor vehicle dealers, auto and home supply stores, gasoline service stations, and miscellaneous vehicle dealers 24 Public administration 12 Retail trade - apparel, accessory, and shoe stores 25 Miscellaneous 13 Retail trade - furniture, home furnishings, household NOTE: When an application includes goods or services which appliances, T.V. and radio stores. fall within multiple classes, the Office of the Secretary of State requires an additional application and registration fee per classification. Please Note: When an application includes goods or services which fall within multiple classes, the Office of the Secretary of State requires an additional application for registration and an additional registration fee for each class. American LegalNet, Inc. www.FormsWorkFlow.com SCHEDULE OF CLASSIFICATION OF GOODS AND SERVICES 1 Chemicals 24Fabrics 2 Paints 3 Cosmetics and cleaning 4 Lubricants and fuels 5 Pharmaceuticals 25 Clothing 26 Fancy goods 27 Floor coverings 28Toys and sporting goods 6 Metal goods 7 Machinery 8 Hand tools 9 Electrical and scientific apparatus 10 Medical apparatus 11 Environmental control apparatus 12Vehicles 13 Firearms 14 Jewelry 15 Musical instruments 16 Paper goods and printed matter 17 Rubber goods 18 Leather goods 29 Meats and processed foods 30 Staple foods 31 Natural agricultural products 32 Light beverages 33 Wine and spirits 34 Smokers’ articles 35 Advertising and business 36 Insurance and financial 37 Building construction and repair 38 Telecommunications 19 Nonmetallic building materials 41 20 Furniture and articles not otherwise classified 21 Housewares and glass 42 Computer and scientific 43 Hotels and restaurants 22 Cordage and fibers 44Medical, beauty & agriculture 23 Yarns and threads 45Personal 39 Transportation and storage 40 Treatment and materials Education and entertainment NOTE: When an application includes goods or services which fall within multiple classes, the Office of the Secretary of State requires an additional application for registration and an additional registration fee for each class. American LegalNet, Inc. www.FormsWorkFlow.com STATE OF ALABAMA APPLICATION TO REGISTER TRADEMARK, SERVICE MARK OR TRADE NAME IN ALABAMA 1. Applicant Name (Individual, Corporation, Partnership, LLC or LLP) 2. Applicant is registered in the State of ___________as a(n) ( ( ( ( Street Address City ) ) ) ) unincorporated ( ) non-profit ( ) corporation limited liability company ( ) partnership ( ) individual sole proprietor ( ) limited liability partnership other _____________________________________________ State County Telep hone Zip ( ) 3. List names and addresses of partners (if applicable) 4. Description of Mark 5. Description of goods, services or business provided under the Mark 6. Mode or manner of in which the Mark is used with the goods, services or business provided 7. Classification Number: ___________ Classification Type: ____Good and Services ____Business 8. Mark Type: Trademark______ Trade Name ______ Service Mark ______ 9. Disclaimer (if applicable) 10. Consent (if applicable) 11a.Date and state of Mark origination: 11b. Date in which the Mark was first used in Alabama: ______________________________in ___________ ________________________________ 12. Attach three (3) specimens which exhibit the Mark in use. 13. Attach the filing fee of thirty dollars ($30.00) payable to the Alabama Secretary of State. 14. Sign the application for registration before a Notary Public. I, _______________________________, before first duly sworn, attest that I am the owner of the Mark, a member of the f irm, or an officer of the corporation (or association) applying for the registration of the Mark above. I believe no other person has the right to use the Trademark, Service Mark or Trade Name in Alabama in identical form thereof or in such near resemblance to deceive or cause to be mistaken pursuant to § 8-12-8(a) (4), Code of Alabama 197 5. An y exceptions are provided for in Item 10 . I ha ve th e authority to m ake thi s affidav it and verification. I h ave r ead th e ab ove foregoing application and know the contents and the facts set out therein are true. I further attest that the three specimens filed are true and correct. Signature _______________________________________ Name __________________________________________________________ Title____________________________________________________ Section below to be completed by Notary Public Subscribed and sworn to before me this the __________ day of ______________________________, 20__________. COUNTY OF _____________________________ _________________________________________ Notary Public Name STATE OF ____________________________________ ______ __________________________________ ________ ________________________________ Notary Public Signature Commission Expiration Date Revision Date 7/2011 American LegalNet, Inc. www.FormsWorkFlow.com