Corporations Trademark Registration Any word, design, logo, or combination of these used by a manufacturer or merchant to identify goods made or sold, or services provided in Alaska, may be registered by filing an application for state trademark registration. The filing fee is $50.00 per class of goods or services being registered. Before registering a mark you are strongly advised to conduct a thorough search of your mark before filing. This search may include, but not limited to: U.S. Patent and Trademark Office ; State of Alaska registered marks; and other state’s registrations. If you require assistance, you are advised to seek the services of an attorney www.alaskabar.org, or other qualified professional specializing in the area of trademark law. 1. Before you start filing for a trademark: Whether you want to register a Federal Trademark with the U.S. Patent and Trademark Office (USPTO) and/or an Alaskan Trademark with this office you will find the information in these videos extremely helpful in building your basic knowledge and understanding of trademarks. We encourage you to watch the following USPTO videos, Basic Facts About Trademarks: Basic Facts: Trademarks, Patents, and Copyrights (run-time: 8:25) Basic Facts: Selecting a Mark (run-time: 10.38) Basic Facts: Should I register? (run-time: 7:30) Basic Facts: How do I get help with my application? (run-time: 11:33) Basic Facts: What every small business should know now, not later. (run-time: 41:47) Or review the USPTO Basic Facts About Trademarks Booklet . 2. How is a trademark different from a patent or a copyright? Trademarks (brands) protect words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others. The State of Alaska does registered trademarks. For more information on the different types of marks the State of Alaska registers, go to question #3 below. For more information on a federal trademark registration go to: www.uspto.gov Copyrights protect original artistic works, and works of authorship. The State of Alaska does not register copyrights. For more information on a federal copyright registration go to: www.copyright.gov Patents protect inventions or discoveries. The State of Alaska does not register patents. For more information on a federal patent registration go to: www.uspto.gov Domain Names protect web addresses. The State of Alaska does not register domain names. For more information about internet domain name registration: www.internic.net Before registering a mark you are strongly advised to conduct a thorough search of your mark before filing. This search may include, but not limited to: U.S. Patent and Trademark Office ; State of Alaska registered marks; and other state’s registrations. If you require assistance, you are advised to seek the services of an attorney www.alaskabar.org, or other qualified professional specializing in the area of trademark law. 3. What types of marks does the State of Alaska register? A trademark (identifies goods, and the source of goods) includes any word, name symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. A service mark (identifies services, and the source of services) includes any word, name symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the services of one provider from services provided by others, and to indicate the source of services. A collective mark (an organization's mark, used by members) includes any word, name symbol, or device, or any combination, used, or intended to be used, in commerce, by the members of a cooperative, an association, or other collective group or organization, including a mark which indicates membership in a union, an association, or other organization. A certification mark (requires the owner's permission to be used by someone other than the owner) includes any word, name symbol, or device, or any combination, used, or intended to be used, in commerce with the owner's permission by someone other than its owner, to certify regional or other geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of someone's goods or services, or that the work or labor on the goods or services was performed by members of a union or other organization. Registration and renewal forms for each of the above types of marks are available at: Forms & Fees Before registering a mark you are strongly advised to conduct a thorough search of your mark before filing. This search may include, but not limited to: U.S. Patent and Trademark Office ; State of Alaska registered marks; and other state’s registrations. If you require assistance, you are advised to seek the services of an attorney www.alaskabar.org, or other qualified professional specializing in the area of trademark law. 4. How long is a State of Alaska trademark good for? A State of Alaska trademark registration is valid only in the State of Alaska for a period of five years from the date of registration or renewal. Registration and renewal forms for the different types of marks are available at: Forms & Fees. 5. Is there a list of State of Alaska registered marks? The State of Alaska registered mark list is available online and updated approximately four times a year. For the current list of State of Alaska registered marks click here. Before registering a mark you are strongly advised to conduct a thorough search of your mark before filing. This search may include, but not limited to: U.S. Patent and Trademark Office ; State of Alaska registered marks; and other state’s registrations. If you require assistance, you are advised to seek the services of an attorney www.alaskabar.org, or other qualified professional specializing in the area of trademark law. 6. How does one register a mark with the State of Alaska? In order to register a trademark in the State of Alaska, the goods or services must be in use in this state . A separate application must be submitted for each class of goods being registered. Pursuant to AS 45.50, a person may register their mark by: submitting the Application for Registration, along with three (3) specimens showing the actual use of the mark on or in connection with the stated goods/service, and the appropriate filing fee. A State of Alaska trademark registration is valid only in the State of Alaska for a period of five years from the date of registration. Marks will not be registered which are merely descriptive or that only serve to identify the name of a business, primarily geographical, merely a surname, immoral or scandalous, consisting of national symbols or the flag or coat of arms of any country, deceptively similar to a state registered trademark on file with the division, or indistinguishable from any other entity name on file with the division, or a mark on file with the United States Patent and Trademark Office, or indistinguishable from any other entity name on file with the division. The Corporations Section does not check an application against other state's registrations, or registrations on file with the U.S. Patent and Trademark Office. Before registering a mark you are strongly advised to conduct a thorough search of your mark before filing. This search may include, but not limited to: U.S. Patent and Trademark Office ; State of Alaska registered marks; and other state’s registrations. If you require assistance, you are advised to seek the services of an attorney www.alaskabar.org, or other qualified professional specializing in the area of trademark law. 7. Top 8 tips for registering a mark in the State of Alaska. Conduct a thorough search of your mark before filing. Description of the mark (Item #4 on the registration forms): be very specific on what is being registered. Use specific words to describe and create a very detailed and vivid image. Words only? Is a logo included? Will specific colors or fonts be included in the mark? Describe the mark in very specific detail. Include three (3) samples of the mark in use in this state. The mark must already be in use. The three (3) samples of the mark in use do not have to be different samples. They may be three copies of the same sample. For Trademarks - photos of the mark in use will sufficient, in lieu of sending actual products with the mark. Photos must clearly show the mark AND the product it is in use on. Describe the mark in very specific detail. For Service Mark - examples of what may be used for the three (3) samples may be, but not limited to: a business card; stationary with the mark in the letterhead; or screen shots of a website with the mark. Complete the Contact Information Sheet. Submit a separate application for each class of goods being registered. Include the appropriate filing fee(s). Be aware certain common words if used, for example, geographic descriptors such as the word “Alaska”, or, a descriptive term such as "dental clinic", may require a waiver, confirming that these words cannot be registered marks. If you have any questions regarding waivers for certain common words please email [email protected] prior to submitting your application. Avoid un-registrable marks. Marks will not be registered which are merely descriptive or that only serve to identify the name of a business, primarily geographical, merely a surname, immoral or scandalous, consisting of national symbols or the flag or coat of arms of any country, deceptively similar to a state registered trademark on file with the division, or indistinguishable from any other entity name on file with the division, or a mark on file with the United States Patent and Trademark Office, or indistinguishable from any other entity name on file with the division. Before registering a mark you are strongly advised to conduct a thorough search of your mark before filing. This search may include, but not limited to: U.S. Patent and Trademark Office; State of Alaska registered marks ; and other state’s registrations. If you require assistance, you are advised to seek the services of an attorney www.alaskabar.org, or other qualified professional specializing in the area of trademark law. 8. Can the registrant (owner) of a mark be changed? An "ASSIGNMENT" form may be used to change the registrant (owner) of a mark currently registered with the state of Alaska. An assignment will not extend the term of a mark; the mark will maintain its current expiration date. A certificate of the mark's assignment will be issued upon approval of the assignment reflecting the new ownership of the mark. To change registrant (owner) of a mark, submit the appropriate ASSIGNMENT form based on the type of mark: 08-556 Trademark: ASSIGNMENT 08-4736 Service Mark: ASSIGNMENT 08-4738 Certification Mark: ASSIGNMENT 08-4740 Collective Mark: ASSIGNMENT If the owner is not changing but but the current registrant's information has changed since the registration or renewal was filed, use the appropriate "Amended Registrant Information" form based on the type of mark. 9. How can the owner (registrant) information be updated without a change in owner? An "AMENDED" form may be used to amend (update) the current registrant's (owner's) information without a change of ownership on a mark registered with the state of Alaska. An amendment to the registrant's information may be a result of events such as: Entity conversion; Entity domestication; A legal name change of an entity or an individual; A change of physical and/or mailing address; A change of partners. An amendment will not extend the term of a mark; the mark will maintain its current expiration date. A certificate of the mark's amendment will be issued upon approval of the amendment reflecting the changes to the registrant's information. To amend the registrant's information without changing the owner, submit the appropriate AMENDED form based on the type of mark: 08-555 Trademark: AMENDED 08-4737 Service Mark: AMENDED 08-4739 Certification Mark: AMENDED 08-4741 Collective Mark: AMENDED If a mark has changed registrants (owners), use the appropriate AMENDED form based on the type of mark. 10. What is the remedy if someone infringes on my trademark rights? Pursuant to Alaska Statute AS 45.50.170-180, a registrant of a trademark may seek a court order and damages through the courts for trademarks registered in the State of Alaska. For more information on exercising your State of Alaska trademark rights, go to: Alaska Court System For more information on exercising your federal trademark rights, go to: www.uspto.gov For more information about enforcing your federal trademark, go to: enforcing your trademark rights/trademark litigation. This Division does not provide legal advice. The information contained within these webpages is provided for your convenience and is not to be interpreted as legal advice. It is your responsibility to know what your registering, reporting and filing requirements are based on your specific business activities. Not knowing what is expected of you may not preclude you from the legal obligation to meet these requirements and compliance with the law. You are encouraged to seek the advice of a professional, such as a Certified Public Accountant (CPA) and/or Attorney if you need additional assistance. Contact Us When contacting this office, please direct your questions to the appropriate Section: Corporations, Professional Licensing, or Business Licensing. Each Section specializes in its own requirements per Alaska statutes and regulations. Professional Licensing Section Email: [email protected] Corporations Section Email: [email protected] Business Licensing Section Email: [email protected]