N.Y. General Business Law § 360-c: Filing of applications

§ 360-c. Filing of applications. (a) Upon the filing of an application

for registration and payment of the application fee, the secretary may

cause the application to be examined for conformity with this article.

(b) The applicant shall provide any additional pertinent information

requested by the secretary including a description of a design mark and

may make, or authorize the secretary to make, such amendments to the

application as may be reasonably requested by the secretary or deemed by

the applicant to be advisable to respond to any rejection or objection.

(c) The secretary may require the applicant to disclaim 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 on another application if the disclaimed matter be or shall

have become distinctive of the applicant's or registrant's goods or

services.

(d) Amendments may be made by the secretary upon the application

submitted by the applicant upon applicant's agreement; or a fresh

application may be required to be submitted.

(e) If the applicant is found not to be entitled to registration, the

secretary shall advise the applicant thereof and of the reasons

therefor. The applicant shall have a reasonable period of time specified

by the secretary in which to reply or to amend the application, in which

event the application shall then be reexamined. This procedure may be

repeated until (1) the secretary finally refuses registration of the

mark or (2) the applicant fails to reply or amend within the specified

period, whereupon the application shall be deemed to have been

abandoned.

(f) If the secretary finally refuses registration of the mark, the

applicant may commence a proceeding pursuant to article seventy-eight of

the civil practice law and rules for an order to compel such

registration. Such writ may be granted, but without costs to the

secretary, on proof that all the statements in the application are true

and that the mark is otherwise entitled to registration.

(g) In the instance of applications 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 order of filing. If a prior-filed

application is granted a registration, the other application or

applications shall then be rejected. Any rejected applicant may bring an

action for cancellation of the registration upon grounds of prior or

superior rights to the mark, in accordance with the provisions of this

article.