N.Y. General Business Law § 360-b: Application for registration

§ 360-b. Application for registration. Subject to the limitations set

forth in this article, any person who uses a mark may file in the office

of the secretary, in a manner complying with the requirements of the

secretary, an application for registration of that mark setting forth,

but not limited to, the following information:

(a) the name and business address of the person applying for such

registration; and, if a corporation, the state of incorporation, or if a

partnership, the state in which the partnership is organized and the

names of the general partners, as specified by the secretary,

(b) the goods or services on or in connection with which the mark is

used and the mode or manner in which the mark is used on or in

connection with such goods or services and the class in which such goods

or services fall,

(c) the date when the mark was first used anywhere and the date when

it was first used in this state by the applicant or a predecessor in

interest, and

(d) a statement that the applicant is the owner of the mark, that the

mark is in use, and that, to the knowledge of the person verifying the

application, no other person has registered, either federally or in this

state, or has the right to use such mark either in the identical form

thereof or in such near resemblance thereto as to be likely, when

applied to the goods or services of such other person, to cause

confusion, or to cause mistake, or to deceive.

The secretary may also require a statement as to whether an

application to register the mark, or portions or a composite thereof,

has been filed by the applicant or a predecessor in interest in the

United States Patent and Trademark Office; and, if so, the applicant

shall provide full particulars with respect thereto including the filing

date and serial number of each application, the status thereof and, if

any application was finally refused registration or has otherwise not

resulted in a registration, the reasons therefor.

The secretary may also require that a drawing of the mark, complying

with such requirements as the secretary may specify, accompany the

application.

The application shall be signed and verified by oath, affirmation or

declaration subject to perjury laws by the applicant or by a member of

the firm or an officer of the corporation or association applying.

The application shall be accompanied by three specimens showing the

mark as actually used.

The application shall be accompanied by the application fee payable to

the secretary of state.