(a) Subject to the limitations set forth in this part, any person who uses a mark may file in the office of the director, in a manner complying with the requirements of the director, an application for registration of that mark setting forth at least the following information:

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Terms Used In Hawaii Revised Statutes 482-22

  • Applicant: includes the person filing an application for registration of a trade name or mark under this chapter, and the legal representatives, successors, or assigns of such person. See Hawaii Revised Statutes 482-1
  • 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.
  • Director: means the director of the department of commerce and consumer affairs. See Hawaii Revised Statutes 482-1
  • Entity: means a corporation, partnership, limited liability company, or any other type of business entity recognized in this State. See Hawaii Revised Statutes 482-1
  • Mark: includes any trademark or service mark, entitled to registration under this chapter whether registered or not. See Hawaii Revised Statutes 482-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: includes a general partnership, limited partnership, and limited liability partnership. See Hawaii Revised Statutes 482-1
  • Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of the person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown. See Hawaii Revised Statutes 482-1
  • Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Hawaii Revised Statutes 482-1
(1) The name and business address of the person or entity applying for such registration and the state of organization or incorporation, or if a partnership, the state in which the partnership is formed;
(2) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or 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 a predecessor in interest; and
(4) A statement that the applicant is the owner of the mark, the mark is in use, and to the knowledge of the person verifying the application, no other person has registered, either federally or in this State, or has the right to use, the mark either in the identical form thereof or in such near resemblance thereto as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to deceive.
(b) The director may also require a statement as to whether an application to register the mark, or portions or a composite thereof, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall fully disclose the filing date and serial number of each application, the status of the application, and if any application was finally refused registration or has otherwise not resulted in a registration, the reasons therefor.
(c) The director may also require that a drawing of the mark accompany the application and comply with requirements the director may specify in rules.
(d) The application shall be signed and verified by the applicant, a member of the firm, or an officer of the corporation or association applying. The application shall be accompanied by one specimen per class of goods or services showing the mark as actually used on or in connection with such goods or services and the application fee payable to the director.

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