KRS 365.573: Filing of applications.

(1) Upon the filing of an application for registration and payment of the application fee

prescribed in KRS 365.571, the Secretary may cause the application to be examined

for conformity with KRS 365.561 to 365.613.

(2) The applicant shall provide any addition al pertinent information requested by the

Secretary, including a description of the design mark, and may make, or authorize

the Secretary to make any amendments to the application as are reasonably

requested by the Secretary, or deemed advisable by the app licant to respond to any

rejection or objection.

(3) The Secretary may require the applicant to disclaim exclusive rights in an

unregistrable component of a mark otherwise registrable, and an applicant may

voluntarily disclaim a component of a mark sought to be registered. No disclaimer

shall prejudice or affect the applicant's or registrant's rights then existing or

thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of

registration under another application if the discla imed matter has become

distinctive of the applicant's or registrant's goods or services.

(4) The Secretary may amend the application with the applicant's agreement or may

require a substitute application to be submitted.

(5) The Secretary shall advise the applicant if he is not entitled to registration and state

the reasons for the decision. The applicant shall have a reasonable period of time as

set out in administrative regulations promulgated by the Secretary, in which to reply

to or amend the applicatio n, in which event the application shall then be

reexamined. This procedure may be repeated until:

(a) The Secretary finally refuses registration of the mark; or

(b) The applicant fails to reply to or amend the application within the specified

period, whereupon the application shall be deemed to have been withdrawn.

(6) If the Secretary finally refuses registration of the mark, the applicant may appeal the

decision to the Franklin Circuit Court. The court may summarily order the Secretary

to register the mar k on proof that all the statements in the application are true and

that the mark is otherwise entitled to registration. The Secretary of State shall not be

liable for any court costs. The court's final decision may be appealed as in other

civil proceedings.

(7) If two (2) or more applications are concurrently being processed by the Secretary

seeking registration of the same or confusingly similar marks for the same or related

goods or services, the Secretary shall grant priority to the applications in the o rder

of filing. If a prior -filed application is granted a registration, the other applications

shall then be rejected. Any rejected applicant may bring an action for cancellation of

the registration on grounds of prior or superior rights to the mark, in ac cordance

with the provisions of KRS 365.591.