Delaware Code Title 6 Sec. 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.
Terms Used In Delaware Code Title 6 Sec. 3304
- Applicant: shall mean any person filing an application for registration of a trademark under this chapter, the applicant's legal representatives, successors or assigns. See Delaware Code Title 6 Sec. 3302
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Mark: shall include any trademark or service mark entitled to registration under this chapter, whether registered or not. See Delaware Code Title 6 Sec. 3302
- Member: means a person who is admitted to a limited liability company as a member as provided in § 18-301 of this title, and includes a member of the limited liability company generally and a member associated with a series of the limited liability company. See Delaware Code Title 6 Sec. 18-101
- Person: shall mean any individual, firm, partnership, corporation, association, union or other organization. See Delaware Code Title 6 Sec. 3302
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
(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 $25 payable to the Secretary of State.