HB 2103
Initials PRB Page 1 House Engrossed
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
House: COM DP 10-0-0-0
HB 2103: trademarks; service marks; trade names
Sponsor: Representative Griffin, LD 14
House Engrossed
Overview
Includes additional requirements for applicants registering a trademark or trade name.
History
Any person who adopts and uses a trademark or service mark may file an application with the
Secretary of State to register the mark. Statute outlines the minimum information that an
application must contain, including: 1) the name and email and business address of the person
applying for the registration; 2) the goods or services the mark is used for, how the mark is used
and the class in which the goods or services fall; 3) the date when the mark was first used; and
4) a statement that the applicant is the owner and sole user of the mark (A.R.S. § 44-1443).
Any person, association, or corporation doing business in Arizona may register a trade name, title
or designation with the Secretary of State. Statute outlines the minimum information that must be
provided for registration, including: 1) the name, email and business address of the applicant; 2)
the name, title or designation being registered; 3) the general nature of the business; and 4) the
length of time during which the name, title or designation has been used by the applicant (A.R.S.
§ 44-1460).
Provisions
1. Requires a trademark registration form to include a statement that the applicant has
conducted a search and found that the trademark or service mark:
a) Is not likely to cause confusion or to deceive; and
b) Does not consist of a mark that resembles an Arizona registered mark or one previously
used in Arizona by another and not abandoned. (Sec. 1)
2. Requires a trademark registration form to include a statement whether the applicant has
previously sought to register the mark with the U.S. Patent and Trademark Office, and if
denied, the reasons for denial. (Sec. 1)
3. Requires a trade name registration form to include a statement that the applicant has
conducted a search and found that the trade name is distinguishable from:
a) Any other previous name on record with the Secretary of State; and
b) An existing corporation name or reserved name. (Sec. 2)
4. Makes technical changes. (Sec. 1, 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note