{"data":{"id":"us-ky/krs-365.573","jurisdiction":"us-ky","citation":"KRS 365.573","heading":"Filing of applications.","body":"(1) Upon the filing of an application for registration and payment of the application fee\nprescribed in KRS 365.571, the Secretary may cause the application to be examined\nfor conformity with KRS 365.561 to 365.613.\n(2) The applicant shall provide any addition al pertinent information requested by the\nSecretary, including a description of the design mark, and may make, or authorize\nthe Secretary to make any amendments to the application as are reasonably\nrequested by the Secretary, or deemed advisable by the app licant to respond to any\nrejection or objection.\n(3) The Secretary may require the applicant to disclaim exclusive rights in an\nunregistrable component of a mark otherwise registrable, and an applicant may\nvoluntarily disclaim a component of a mark sought to be registered. No disclaimer\nshall prejudice or affect the applicant's or registrant's rights then existing or\nthereafter arising in the disclaimed matter, or the applicant's or registrant's rights of\nregistration under another application if the discla imed matter has become\ndistinctive of the applicant's or registrant's goods or services.\n(4) The Secretary may amend the application with the applicant's agreement or may\nrequire a substitute application to be submitted.\n(5) The Secretary shall advise the applicant if he is not entitled to registration and state\nthe reasons for the decision. The applicant shall have a reasonable period of time as\nset out in administrative regulations promulgated by the Secretary, in which to reply\nto or amend the applicatio n, in which event the application shall then be\nreexamined. This procedure may be repeated until:\n(a) The Secretary finally refuses registration of the mark; or\n(b) The applicant fails to reply to or amend the application within the specified\nperiod, whereupon the application shall be deemed to have been withdrawn.\n(6) If the Secretary finally refuses registration of the mark, the applicant may appeal the\ndecision to the Franklin Circuit Court. The court may summarily order the Secretary\nto register the mar k on proof that all the statements in the application are true and\nthat the mark is otherwise entitled to registration. The Secretary of State shall not be\nliable for any court costs. The court's final decision may be appealed as in other\ncivil proceedings.\n(7) If two (2) or more applications are concurrently being processed by the Secretary\nseeking registration of the same or confusingly similar marks for the same or related\ngoods or services, the Secretary shall grant priority to the applications in the o rder\nof filing. If a prior -filed application is granted a registration, the other applications\nshall then be rejected. Any rejected applicant may bring an action for cancellation of\nthe registration on grounds of prior or superior rights to the mark, in ac cordance\nwith the provisions of KRS 365.591.","path":["KRS Chapter 365"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34806","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:01Z","sha256":"2cdc6ead37eb080df03474279a722154c7c340ebcf78755a71c7af7b1bd0d417","source_id":"us-ky","stale":false,"prev":"us-ky/krs-365.571","next":"us-ky/krs-365.575"},"notice":"GroundRules: Original legal text. Not legal advice."}