What chapters of the Nevada Revised Statutes contain the provisions for Service Marks, Trademarks and Trade Names?
Chapter 600 of the Nevada Revised Statutes contains the provisions for filing Marks with the Secretary of State.
Where do I submit my Mark registration and other Mark forms?
Currently, Mark registrations and related filings are processed in our Las Vegas Office via mail, fax or drop-off.
Where do I get Mark forms?
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.
What is the difference between a Service Mark, tradeMark and Trade Name?
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 that person and to distinguish them from 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.
What is the duration of a "Mark"?
The duration of a Mark registration is five years from the date of registration. A Mark may be renewed for another five years by filing a Mark renewal form within six months of the expiration date.
What is a specimen?
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.
Do all three specimens (sample of use) need to be different or can they all be the same?
The Secretary of State will accept specimens that are different or all the same.
What is the date of first use?
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.
Can I get a renewal form from your website?
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.
Does my national tradeMark preclude me from filing in the state of Nevada?
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.
Can I renew my Mark online?
No, currently, a renewal form must be submitted to our Las Vegas Commercial Recordings Division.
Can I register for more than one Mark on an application?
No, only one Mark may be registered per application.
Can I list more than one classification number on the application?
No, only one classification number is allowed per application.
What if the applicant address has changed within the 5-year registration period?
An amendment/correction form is required to change the address of the applicant.
Which form do I use if I sell or transfer the Mark to another party?
An Assignment of Mark form is used to record the sale, transfer or assignment.