How do I renew a registered trademark or service mark?
To renew a trademark or service mark use the Application for Renewal of Trademark or Service Mark.
To renew a trademark or service mark use the Application for Renewal of Trademark or Service Mark.
The Tennessee Trade Mark Act of 2000 governs trademark registration in Tennessee. The Tennessee Trade Mark Act of 2000 can be found in the Tennessee Code Annotated, Sections 47-25-501 through 47-25-518.
How the applicant is using the mark. For example, “business cards”, “letterhead”, “flyers”, “signs”, “labels”, “newspaper advertisements”, “billboards”, “bus benches”, “television advertisements”, “websites”.
The reasons for rejection include, but are not necessarily limited to:
A service mark is the same as a trademark, except that a service mark is used by a person to identify services rendered or offered and to distinguish them from the services rendered or offered by another person. The services must be provided to the public or any party other than the applicant. In general, you use a service mark to identify services that are offered or sold (examples include restaurant, retail business and computer services).
A specimen is an actual example of the use of the mark in commerce. It is the means by which the public would view your mark and be aware of the specific goods or services offered.
For trademarks, examples of acceptable specimens are tags or labels that are attached to the goods, containers for the goods, displays associated with the goods, or photographs of the goods showing use of the mark of the goods themselves. Invoices, announcements, order forms, bills of lading, leaflets, brochures, catalogs, publicity release, letterhead and business cards may be acceptable specimens for trademarks if they sufficiently demonstrate that the mark is being used with the goods. If it is impractical to send the actual specimens because of its size, photographs or other acceptable reproductions that show the mark on the goods, or packaging for the goods, must be furnished.
For services marks, examples of acceptable specimens are signs, brochures about the services, advertisements for the services, business cards or stationary showing the mark in connection with the services, or photographs that show the mark either as it is used in the rendering or advertising of the services. The specimen must either show the mark and include some clear reference to the type of services rendered under the mark in some form of advertising, or show the mark as it is used in the rendering of the service (for example, on a store front or the side of a delivery truck).
The specimen should not be larger than 8 ½ inches by 11 inches and should be flat. Small specimens, such as tags or labels, must be taped or pasted to a sheet of paper and labeled “SPECIMEN”.
The Office of the Secretary of State has developed an application form that must be used to apply for the program, which captures all required information and must be completed with the assistance of a Certified Application Assistant, who must also sign the application. The application must be submitted to the Safe at Home Program by a certified application assistant.
For more information see our Applicant Guide.
Enter a complete and accurate description of the overall mark. If the mark contains both words and a design element, the description must include both. If a mark is in color, you must list the portions of the mark that are in color and the corresponding color for each. If the description is not accurate, either incomplete or includes words, letters, numbers, or other elements not actually appearing in the mark image, the applicant will be required to amend the description of the mark.
Trademark protection lasts for five years from the date of filing. Trademarks can be renewed for subsequent five year intervals beginning from six months prior to expiration until the day of expiration.
The filing fee for the application is $20.00 per Class entered in number 10 of the application. If there is only one (1) class indicated the fee is $20.00. If there are two (2) classes indicated, the fee is $40.00, etc.
Make check, cashier’s check or money order payable to the Tennessee Secretary of State. Cash is only accepted for walk-in filings.
Program Participants are not subject to selection for state or municipal jury duty. T.C.A. § 40-38-607.
Program participants should not appear on state or municipal jury selection lists. If a program participant is selected for jury service, the summoning court should excuse the program participant.
If a program participant receives a jury summons for either state or municipal jury duty, the Participant must notify the summoning court of the participant's exempt status and provide a copy of the Participant's Certificate of Program Participation, if requested.
Participants may not fail to respond to a jury summons.
Pursuant to T.C.A. § 47-25-507, a registered mark is assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must be made by “instruments in writing duly executed.” An assignment must include within the assignment instrument itself a provision expressly indicating the transfer of “good will” to the assignee.
A separate assignment instrument and application for assignment of trademark or service mark must be submitted for each registered mark; if a mark is registered in more than one class, only one assignment instrument and application need be submitted. A photocopy of the executed assignment instrument may be submitted in lieu of the original assignment instrument if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.
To assign a registered trademark or service mark use the Application for Assignment of Trademark or Service Mark.
To access information on trademarks, use the Trademark/Servicemark Search. This database reflects active trademarks/servicemarks on file with the Tennessee Secretary of State. Both 'Active' and 'Cancelled' marks are searchable.
Certified Application Assistants work with various state and local agencies and/or nonprofit agencies that provide counseling and shelter services to victims of domestic abuse and other crimes. At list of Certified Application Assistants can be found here. Safe at Home is most effective as part of an overall safety plan. Additional information regarding safety plans can be found here.
The Records Management Division (RMD) was established by Tennessee Code Annotated 10-7-303 to assist state agencies in establishing systematic controls for the efficient use and sound preservation of state records. The Division serves as the primary records management agency for the state of Tennessee and provides professional consultative and analytical records management leadership to agencies. This guidance aids in the appropriate development, utilization, disposition, retention, and destruction of records.
The Records Management Division is further directed by the Public Records Commission (PRC) to serve as administrative liaison between state agencies and the PRC; to establish procedural guidelines for paper and electronic records oversight and retention; and to coordinate efforts supporting the state's Paperwork Reduction and Simplification Act of 1976 (TCA 4-25-101).
What is the Records Disposition Authorizations process?
Records Disposition Authorizations (RDAs) are record retention guides state agencies follow to maintain their records properly. The Records Management Division oversees the records management process. The Secretary of State’s office online RDA filing system provides users with an easy way to filter, search, and find RDAs and provides retention and destruction method information. Click here to search all effective RDAs.
An Administrative dissolution occurs for the following reasons:
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
Any person who is required by law to be registered under any of the following is not eligible to participate in the program:
The Secretary of State does not play any role in regulating the use of trademarks or in prosecuting their misuse. The Tennessee Trade Mark Act of 2000 designates the Department of State as the filing agency for trademarks. The Department’s role is strictly ministerial. If you have any questions about the “protection” of a mark, infringement upon your mark, or the application of filing requirements to your specific situation, you should consult an attorney or other professional.
An individual should consider applying if they are victims of domestic abuse, stalking, human trafficking, or any sexual offense, who:
The application can be completed by:
State agencies are required by law, T.C.A 10-7-503(a)(2)(B), to have a designated Public Records Request Coordinator. This person is the designated contact for receiving public records requests. Contact the appropriate agency’s coordinator to request access to that agency’s records. If you have further questions or need additional assistance, contact: Office of Open Records Counsel
Program participants may be required to provide their residential street address to a public utility service provider for the purpose of obtaining utility services. However, participants can request that their residential address be treated as confidential by presenting the public service utility with a certificate of program participation.
After doing so, the public utility service provider must treat the residential address and all other identifying information as confidential in accordance with the Tennessee Public Records Act, compiled at Title 10, Chapter 7, Part 5.
Private businesses are not required by statute to accept a Safe at Home Participant's substitute address. However, private companies or agencies are encouraged to make every effort to keep a participant’s information safe by accepting the substitute address whenever possible. If agency or business employees have questions about using the substitute address, they may contact the Safe at Home Program directly.
Program Participants must vote by absentee ballot. T.C.A. § 40-38-607.
Program participant absentee ballots must be treated as confidential and must be processed confidentially by the Administrator of Elections. Program participants shall appear in the statewide official voter registration list only by the Participant Identification Number.
As authorized by law, properly designated law enforcement agency officials and administrative agency officials may request disclosure of information relating to a program participant. T.C.A. § 40-38-609. What information may be available to law enforcement or administrative agency officials?
An assumed name is a name other than the true entity name under which it conducts business. Tennessee does not recognize 'DBAs' (doing business as) or fictitious names. The assumed name is good for 5 years and can be renewed.
A business entity that has failed to file its annual report on a timely basis may be administratively dissolved and placed in inactive status. The filing history of every business is shown in the Business Information Search. Click on “filing history” for details on your business.
A registered agent is a person or company who agrees to accept legal mail on behalf of your entity. Tennessee requires that all entities (except General Partnerships (GP) to maintain a registered agent/office in the State of Tennessee at all times.
Tax clearances are required to obtain a certificate of existence, to reinstate, and to terminate, cancel or withdraw an entity from Tennessee.