Delaware § 3304 - Application for registration.

§ 3304. Application for registration.

(a) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this State may file in the office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information:

(1) The name and business address of the person applying for such registration, and if a corporation, the state of incorporation;

(2) The goods or services in connection with which the mark is used, the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall;

(3) The date when the mark was first used anywhere, and the date when it was first used in this State by the applicant or the applicant’s predecessor in business; and

(4) A statement that the applicant is the owner of the mark and that no other person has the right to use such mark in this State, either in the identical form thereof or in such near resemblance thereto, as might be calculated to deceive or to be mistaken therefor.

(b) The application shall be signed and verified by the applicant, by a member of the firm or by an officer of the corporation or association applying therefor. The application shall be accompanied by a specimen or facsimile of such mark in duplicate. The application for registration shall be accompanied by a filing fee of $100 payable to the Secretary of State. A fee in the amount of up to $300 shall be assessed for applications for registration that are requested to be completed within a 24-hour period from the time of the request.

60 Del. Laws, c. 612, §  1;  70 Del. Laws, c. 186, §  1;  85 Del. Laws, c. 273, § 24;