Assigned to COM FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
FACT SHEET FOR H.B. 2103
trademarks; service marks; trade names
Purpose
Adds to the information required on an application for registration of a trademark, service
mark, trade name, title or designation.
Background
Any person who is domiciled in Arizona and who adopts and uses a trademark or service
mark in Arizona may file, with the Office of the Secretary of State, an application for registration
of that mark including: 1) the name, email and business address of the applicant and, if a
corporation, the state of incorporation; 2) the goods or services for which the mark is used, the
mode or manner in which the mark is used for goods or services and the class in which the goods
or services fall; 3) the date when the mark was first used anywhere and the date when the mark
was first used in Arizona by the applicant or a 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 the mark in Arizona,
either in identical form or near resemblance (A.R.S. § 44-1443).
Any person, partnership, corporation, firm, association, society, foundation, federation or
organization doing business in Arizona or any foreign corporation licensed to exercise its corporate
powers in Arizona may file, with the Office of the Secretary of State, an application for registration
of the name, title or designation the applicant is operating under including: 1) the name, email and
business address of the applicant and, if a corporation, the state of incorporation; 2) the name, title
or designation to be registered; 3) the general nature of the business conducted by the applicant;
and 4) the length of time that the name, title or designation has been used by the applicant in the
business operations in Arizona (A.R.S. § 44-1460).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires an application for registration of a trademark or service mark to include the following
statements:
a) the applicant has conducted a search and found that the trademark or service mark does not
consist of or comprise a mark that so resembles a mark registered in Arizona or a mark or
trade name previously used in Arizona by another and not abandoned;
b) when applied to goods or services of the applicant, the mark is not likely to cause confusion
or mistake or to deceive; and
c) whether the applicant previously sought to register the trademark or service mark with the
U.S. Patent and Trademark Office and, if so and the registration was denied, the reasons
for the denial. FACT SHEET
H.B. 2103
Page 2
2. Requires an application for a trade name, title or designation to include a statement that the
applicant has conducted a search and found that the trade name, title or designation is
distinguishable on the record from:
a) any other name previously filed and on record with the Secretary of State; and
b) an existing corporation name or a reserved corporate name.
3. Makes technical changes.
4. Becomes effective on the general effective date.
House Action
COM 2/15/22 DP 10-0-0
3
rd
Read 2/23/22 57-2-1
Prepared by Senate Research
March 7, 2022
JT/CY/sr