Q: What Chapters of the Nevada Revised Statutes contain the provisions for Service Marks, Trademarks and Trade Names?
A: Chapter 600 of the Nevada Revised Statutes contains the provisions for filing Marks with the Secretary of State.
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Q: Where do I submit my Mark registration and other Mark forms?
A: Currently, Mark registrations and related filings are processed in our Las Vegas Office via mail, fax or drop-off.
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Q: Where do I get Mark forms?
A: All forms, except the Mark renewal form, may be obtained online from our forms page or by contacting our Las Vegas Commercial Recordings Division at 702-486-2880. |
Q: What is the difference between a Service Mark, tradeMark and Trade Name?
A: NRS 600.290 – 310 define all 3 Marks.
- NRS 600.290: "Service Mark" means a Mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
- NRS 600.300: "TradeMark" means any word, name, symbol or device or any combination of them adopted and used by a person to identify goods made or sold by others.
- NRS 600.310: "Trade name" means a word symbol device or any combination of them used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
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Q: What is the duration of a "Mark"?
A: The duration of a Mark registration is 5 years from the date of registration. A Mark may be renewed for another 5 years by filing a Mark renewal form within 6 months of the expiration date.
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Q: What is a specimen?
A: A specimen is a sample or photograph showing exact representation of the Mark as actually used. Specimens commonly provided include letterhead, advertising, brochures and other items that show the Mark as actually used.
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Q: Do all 3 specimens (sample of use) need to be different or can they all be the same?
A: The Secretary of State will accept specimens that are different or all the same.
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Q: What is the date of first use?
A: Date of first use means the Mark must be in use before submitting the Mark registration form. The date must include month, day and year. The date must be a date prior to the notary date on the application.
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Q: Can I get a renewal form from your website?
A: Currently, a renewal form cannot be obtained from our website. Please contact the Secretary of State's Las Vegas office at 702-486-2880 and the office will generate the renewal form.
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Q: Does my national tradeMark preclude me from filing in the state of Nevada?
A: Generally, if a Mark registration is needed in Nevada, it must be filed with our office. A Mark registration filed with our office is good only for the state of Nevada.
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Q: Can I renew my Mark online?
A: No, currently, a renewal form must be submitted to our Las Vegas Commercial Recordings Division.
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Q: Can I register for more than one Mark on an application?
A: No, only one Mark may be registered per application.
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Q: Can I list more than one classification number on the application?
A: No, only one classification number is allowed per application.
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Q: What if the applicant address has changed within the 5-year registration period?
A: An amendment/correction form is required to change the address of the applicant.
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Q: Which form do I use if I sell or transfer the Mark to another party?
A: An Assignment of Mark form is used to record the sale, transfer or assignment.
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Q: What are the Mark filing fees?
A:
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