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Tennessee Rule 1360-07-03-.03 states
- The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
- A backup of the electronic records shall also be maintained for five years following the date of the notarization.
- A notary can elect to store such recordings with a custodian, or a repository and such recordings may be stored separately from the journal if it is cross-referencing the place of storage and how the record is stored.
- The original records and backup shall be protected from unauthorized use.
A trademark is any word, name, symbol, device or combination thereof used by a person to identify goods made or sold and to distinguish them from the goods made or sold by another person. In general, you use a trademark to identify a product or goods that are sold (examples include soft drinks, automobiles, magazines and food).
Administrative Judges are hired through a competitive interview process by the Secretary of State. Open positions for a new Administrative Judge are publicly posted by the Secretary of State’s Human Resources division.
No, the State of Tennessee only offers notaries and remote online notaries.
A fee can be required not to exceed $25 for each online notarization per Tennessee Rule 1360-07-03-.03.
You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee. Forms can be found on our the Forms & Fees page for mail and in person filings.
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.
No. The titles Administrative Judge, Administrative Law Judge, and ALJ are used interchangeably.
How the applicant is using the mark. For example, “business cards”, “letterhead”, “flyers”, “signs”, “labels”, “newspaper advertisements”, “billboards”, “bus benches”, “television advertisements”, “websites”.
No, Administrative Judges hear a wide variety of cases. Judges have experience with the multi-faceted issues presented by each individual case filed with APD. This approach allows for the greatest amount of flexibility with scheduling and assignment of cases ensuring that hearings and mediations proceed in the most expeditious manner possible. The one exception to this practice involves State Board of Equalization cases which are primarily assigned to a subset of judges with additional specialized training in that area of the law.
The reasons for rejection include, but are not necessarily limited to:
- An incomplete form is submitted. All blanks must be filled in for both registration and renewal applications.
- An acceptable specimen is not provided. A specimen is required for both registration and renewal applications.
- No signature.
- Incomplete dates. Dates must include month, day and year.
- The application is completed in pencil. All registration and renewal applications must be typewritten or completed in ink.
- Failure to include the $20.00 per classification filing fee.
- Failure to include the type of goods and/or services to be provided.
- Failure to include the mode or manner of use.
- Failure to include a classification in the application.
- A new owner is listed in a renewal application.
Yes, each vendor that you are utilizing their software to remotely notarize documents should be listed in your dashboard under your vendor technologies. You have the option to add new vendor technologies in your dashboard for free. The same documents are required to be uploaded.
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”.
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.
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.
In accordance with Tennessee Rule 1360-07-03-.04, an online notary public shall use an electronic seal that substantially conforms to the following design: a circular, square, or rectangular seal with the notary public's name as it appears on the commission printed at the top, the county of election printed at the bottom, the words 'Tennessee Notary Public' printed in the center, and the words "Online Notary Public" printed below. The electronic seal must also be accompanied by a statement of the date upon which the online notary public's commission expires.
No, the Tennessee Secretary of State does not recommend nor endorse any third-party vendors. Whatever platform you choose should provide identity proofing, credential analysis, and storage for your video recordings of notarial acts. It should also be capable of attaching your electronic seal, electronic signature, and electronic notarial certificate to an electronic document.
An Administrative Judge is also known as an Administrative Law Judge or ALJ. The Administrative Judge rules on cases involving administrative disputes (or disputes regarding the administration or implementation of government laws and rules).
An Administrative dissolution occurs for the following reasons:
- Failure to file an annual report
- Being without a registered agent
- A foreign entity fails to maintain its assumed name due to a name conflict
- Returned payment by a financial institution
A certificate of existence is a document issued by our office that certifies that an entity is active and in good standing.
In April of 2018, the Tennessee Legislature passed Senate Bill 1758 known as the “Online Notary Public Act”. This Act went in effect as of July 1, 2019. The Act defines “Online Notarization” as “a notarial act performed by means of two-way video and audio conference technology…”. This means that the notary and the principal whose signature is notarized are not in the same place but interact remotely over the internet. All regular notary rules apply to these transactions including the requirement for the notary to confirm the identity and state of mind of the principal, the voluntary nature of the act and the legality of the document. This will require online notaries to have access to significant technological resources via a contract with a third-party online notary vendor. This Act authorizes Tennessee notaries to perform remote online notarizations after the completion of an application and approval from the Tennessee Secretary of State. The steps which must be taken for a notary to perform online notarizations can be found in the Online Notary Public Guide.
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.