Instructions for Completing the Trademark / Service Mark

TM-100 - Instructions (REV 05/2019) 2019 California Secretary of State

bizfile.sos.ca.gov

Instructions for Completing the

Trademark / Service Mark - Application for Registration (Form TM-100)

To protect your trademark/service mark that is used in California, you must file a Trademark / Service Mark Application for

Registration (Form TM-100) with the California Secretary of State. Duration of a registration of Trademark or Service Mark is five

(5) years. The registration is active for five (5) years from the date filed by the Secretary of State. Within six (6) months of the

end of five (5) years, the mark may be renewed for another five (5) years. The mark may be renewed every five (5) years as long

as the mark is in continual use.

• A trademark is any words, names, symbols or devices, or any combination thereof, used to distinguish a good or product

from those manufactured or sold by others.

• A service mark is any words, names, symbols or devices, or any combination thereof, used to identify and distinguish

services from those services provided by others.

Registration of the mark in and of itself does not guarantee exclusive ownership of a mark. To ensure that all issues are

considered and addressed appropriately, you should consult with private legal counsel.

To register your Trademark or Service Mark in California (Checklist):

• You must be using the mark in commerce in California.

• If the mark is merely descriptive (i.e. the mark describes an ingredient, quality, characteristic, function, feature,

purpose or use of the goods or services), it may not be registerable.

• You must complete a separate Application if the mark is both a Trademark and a Service Mark.

• You must have a drawing of your mark on an 8 ½” x 11” sheet of paper.

• If any part of your mark is not in English, you must submit a certified translation in English.

• You must have Three (3) Identical (three of the same) Specimens that show the mark in use in commerce. If the

Application is signed by an individual on behalf of the Owner (Registrant), you must include a copy of the agreement

signed by the Owner (Registrant) authorizing the individual to sign the Application on behalf of the Owner

(Registrant).

• Include filing fee(s) of $70.00 per classification code. If more than one classification code is listed, then a $70.00

filing fee is required for each classification.

Fees: $70.00 per Classification Code

Copies: Upon filing, we will return one (1) plain copy of your filed Application for Registration for free and will certify the copy

upon request and payment of a $5 certification fee. To obtain additional copies or certified copies of the filed Application of

Registration, include payment for copy fees and certification fees at the time the Application for Registration is submitted.

Additional copy fees are $1.00 for the first page and $.50 for each attachment page. For certified copies, there is an additional

$5.00 certification fee, per copy. In addition to the copy, you will receive a one-time Certificate of Registration of

Trademark/Service Mark.

Payment Type: Check(s) or money orders should be made payable to the Secretary of State. Do not send cash by mail. If

submitting the document in person in our Sacramento office, payment also may be made by credit card (Visa or Mastercard).

If you are not completing this form online, please type or legibly print in black or blue ink. Complete the Application for

Registration (Form TM-100) as follows:

Item Instruction Filing Tips

1. Check the appropriate box: Trademark or

Service Mark

• A trademark is any words, names, symbols or

devices, or any combination thereof, used to

distinguish a good or product from those manufactured

or sold by others.

• A service mark is any words, names, symbols or

devices, or any combination thereof, used to identify

and distinguish services from those services provided

by others.

• Trademarks and service marks must be filed on

separate Applications. They require separate fees and

submittal of separate specimens.

2. Enter information related to the Owner

(Registrant) of the Mark

2.a.

Enter the complete name of Owner (Registrant).

• If the owner of the mark is an entity, use the complete

name of the entity.

• If the owner of the mark is an entity, the entity structure

must match in Item 3.

TM-100 - Instructions (REV 05/2019) 2019 California Secretary of State

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2.b. Enter the complete business address, city, state

and zip code of the Owner (Registrant).

• The complete business address is required, including

the street name and number, city, state and zip code.

• Do not abbreviate the name of the city.

• A post office box address is acceptable.

2.c.

The Declaration of Ownership is required.

Do not alter.

• This declaration is required by law and must not be

altered.

3. Identify the business structure of the (Owner)

Registrant by checking the appropriate box.

• If the Owner (Registrant) is a corporation,

limited liability company, limited partnership or

general partnership, list the state or country

of origin.

• If none of the boxes apply, check the box:

Other and describe.

• If the owner of the mark is an entity, the entity structure

must be consistent with the entity name in Item 2.a.

(i.e., if the business structure listed in Item 3 is a

Corporation, Limited Liability Company, Limited

Partnership, or General Partnership, the name of the

business entity must be listed as the owner or

registrant in Item 2.a.)

4. Enter the name(s) of the general partner(s), if the

Owner (Registrant) is a limited partnership.

If the mark is

words

without a design, list only

those words.

If the mark is words and a design, provide the

words and a brief written description of the design.

If the mark is a design only, provide a brief

written description of the design in the space

provided without making any reference to the

specimens.

Drawing Page: Submit a drawing of your mark

on an 8 ½” x 11” sheet of paper with your

Application. A drawing is a visual representation

of the mark. Do not include phrases or designs

that are not included in Item 5. The drawing can

be hand written, hand drawn, or computer

generated. If your mark is a “word mark,” list only

those words on the 8 ½ x 11” sheet of paper.

• Do not paste, tape, or staple a specimen in Item 5.

• If the mark or any part of the mark is not in English, you

must submit a certified translation in English with your

application. You may wish to consult the following

websites for assistance with a certified translation:

o California Government Code section 27293

o The Judicial Branch of California at

www.courts.ca.gov/programs-interpreters.htm

o American Translators Association at

www.atanet.org/

• If a name and design are used together and constitute

one complete mark, they may be filed on the same

application.

• If a name and design are used separately, as two

separate marks, then two separate applications with

separate fees and two sets of specimens must be

submitted.

• If the mark is merely descriptive (i.e. the mark

describes an ingredient, quality, characteristic,

function, feature, purpose or use of the goods or

services) it may not be registerable.

6. If your mark includes a design element, using

the Design Search Code Manual developed by

the U.S. Patent and Trademark Office, include

the appropriate design code(s) that describe

your design element.

• Include the design code(s) that relate to the significant

elements of the design as represented on the drawing

page.

• Do not include a design code for marks containing only

words.

• If you do not provide a design code, one or more

design codes will be assigned by the California

Secretary of State upon review and filing.

7. Disclaimer – if the mark includes a descriptive

word or design, it must be disclaimed.

• A disclaimer is an acknowledgment by the registrant

that words included within the mark are “merely

descriptive” and may not be owned by anyone. (i.e., if

the applied for mark is “Westside Dry-Cleaning” and

dry-cleaning is listed as the services provided in Item

9.a., the words “Dry-Cleaning” must be disclaimed.

8.a. Enter the date the mark was first used anywhere.

• The date the Mark was first used anywhere must be

the same or earlier than the date the Mark was first

used in California.

8.b.

Enter the date the mark was first used in

California. If this date is the same as Item 8.a.,

• The mark

must be in use in California prior to

registration.

TM-100 - Instructions (REV 05/2019) 2019 California Secretary of State

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enter “same.”

• If a Trademark, the goods or products must have

actually been sold or otherwise distributed in

California.

• If a Service Mark, the advertised services must actually

be provided in California.

• The mere advertising of future goods or services does

not constitute use of a Trademark or Service Mark.

9.a. Enter the specific goods or services.

• If a Trademark, list only the specific goods or

products sold or distributed with the mark

affixed.

• If a Service Mark, list only the specific services

provided or advertised.

• Do not use general terms.

• Be specific.

9.b. Enter the Classification Code(s) for the goods or

services listed.

• If more than one classification of goods or

services are listed, a $70.00 filing fee is

required for each Classification Code.

• The list of Classification Codes of goods and services

can be found through the United States Patent and

Trademark Office website or at 37 Code of Federal

Regulations, part 6, section 6.1.

10. U.S. Patent and Trademark Information. If the

Registrant or a predecessor in interest has

attempted to file your mark at the U.S. Patent

and Trademark Office, please provide all

information regarding registration or refusal to

• If this section is not applicable, ensure to mark the box

in 10.e. indicating this item does not apply.

10.a. Enter the File Date of the Federal Registration.

10.b. Enter the Serial/File Number of the Federal

Registration.

10.c. Enter the Status of the Federal Registration.

Examples of the current filing statuses with the U.S.

Patent and Trademark Office Include:

• Abandoned

• Allowed or In Use

• Amended

• Incomplete

• New

• Refused

• Reserved

10.d. If refused, enter the reason why the Federal

Registration was refused.

10.e. Check the box you or a predecessor in interest

has not attempted to file your mark at the U.S.

Patent and Trademark Office.

11. Indicate how the mark is used? Check the

appropriate box.

• If a Trademark, how is it applied to the goods or

products? By label, tag, or imprinting on the

goods or their containers?

• If a Service Mark, how is the mark used, in

advertising, on brochures, or business cards?

• If you are applying for registration of a Trademark,

check each of the Trademark boxes that apply. Do not

select boxes relating to Service Marks.

• If you are applying for registration of a Service Mark,

check each of the Service Mark boxes that apply. Do

not select boxes relating to Trademarks.

12. Specimens are required to show current use of

the mark. Include with the Registration three (3)

identical (meaning: three of the same) original

pecimens that show the mark in use in

commerce on the goods or in connection with

services provided in California.

• The original specimens should be no larger than

8 ½” x 11” and should lay flat. Original

specimens that have been altered or defaced in

any manner are not acceptable.

• A specimen demonstrates how the mark is being

presented to the public.

• Specimens can be in a wide variety of forms. Examples

include:

• Trademarks: Labels, tags, wrappers, or three clear

identical photographs of the goods or products showing

the mark clearly affixed.

TM-100 - Instructions (REV 05/2019) 2019 California Secretary of State

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• Trademark: Submit 3 identical specimens that

are affixed to your goods or products.

• Service Mark: Submit 3 identical specimens

from which the type of services listed in Item

9.a. can be determined.

• Service Marks: Business cards, brochures, flyers, or

other forms of advertisements are acceptable if

identifying the services as indicated in Item 9.a.

Envelopes, invoices and matchbooks are not

acceptable.

Note: Business cards may be used as specimens only if

the business cards display the services indicated in

Item 9.a.

• Photocopies, computer printouts, or camera-ready

layouts are not accepted as specimens. The

Registrant must have gone into production and have

released the product or service into the market prior to

registration of the trademark or service mark with the

Secretary of State.

• Do not submit metal of any kind, words typed on cards

or sheets of paper. Computer generated prototypes

are not acceptable.

Declaration

and

Signature

Declaration of Accuracy. The registrant must

make a Declaration of Accuracy and will be

subject to a civil penalty of not more than

$10,000.00 for willfully stating in the application

any material fact known to be false.

Date, sign, and print the name and title of the

person signing the Registration.

• Declaration of Accuracy is required. Do not alter

Declaration.

• If the Registrant is a corporation, an officer of the

corporation must sign the Registration. Include the

title of the officer (i.e. President, Vice-President,

Secretary, etc.)

• If the Registrant is a limited liability company, a

member or manager of the limited liability company

must sign the Registration. Include the title; either

Member or Manager.

• If the Registrant is a limited partnership, a general

partner of the limited partnership must sign the

Registration. Include the title, General Partner.

• If the Registrant is a general partnership, a partner of

the general partnership must sign the Registration.

Include the title, Partner.

• This office will accept a statement attached to the

application that the individual signing the application is

authorized to do so for the Registrant.

Mail Submission Cover Sheet (Optional): To make it easier to receive communication related to this document, including the

copy of the filed document, complete the Mail Submission Cover Sheet. For the Return Address: enter the name of a designated

person and/or company and the corresponding mailing address. Please note the Mail Submission Cover Sheet will be treated as

correspondence and will not be made part of the filed document.

Where to File: Mail your completed Registration along with drawing, specimens, and filing fee of $70.00 per classification, to

the Secretary of State, Trademark Unit, P.O. Box 942870, Sacramento, CA 94277-2870 or delivered in person (drop off) to the

Sacramento office, 1500 11th Street, Sacramento, CA 95814. Confirm the following are included with your submission:

- Completed Registration (Form TM-100)

- Drawing Page

- 3 Identical Specimens Showing the Mark Used in Commerce

- $70.00 per Classification Code

- Mail Submission Cover Sheet (Optional)

- If applicable, a certified English Translation

- If applicable, an agreement signed by the Owner (Registrant) authorizing an individual to sign on behalf of the

Owner (Registrant).

Legal Authority: General statutory filing provisions are found in the Model State Trademark Law, California Business and

Professions Code sections 14200 et seq. unless otherwise indicated.

Secretary of State

Business Programs Division

Trademark Unit, P.O. Box 942870, Sacramento, CA 94277-2870

Doc Submission Cover – Trademark (05/2019)

Mail Submission Cover Sheet

Return Address: For written communication from the Secretary of State related to this document, or if

purchasing a copy of the filed document enter the name of a person or company and the mailing address.

Name:  

Company:

Address:

City/State/Zip:  

Instructions:

• Complete and include this form with your submission. This information only will be used to communicate with you

in writing about the submission. This form will be treated as correspondence and will not be made part of the filed

document.

• Make all checks or money orders payable to the Secretary of State.

Optional Copy and Certification Fees:

• If applicable, include optional copy and certification fees with your submission.

• For applicable copy and certification fee information, refer to the instructions of the specific form you are submitting.

Contact Person: (Please type or print legibly)

First Name:

Last Name:

Address:

Phone

Number:

( )

Mark Information: (Please type or print legibly)

Name of Mark:

Name of Owner (Registrant):

Comments: _____________________________________________________________________________________________________________

_____________________________________________________________________________________________________________

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TM-100 (05/2019) 2019 California Secretary of State

bizfile.sos.ca.gov

Secretary of State

Trademark / Service Mark

Application for Registration

TM-100

REG. NO. _______________________

ASS NO.(S) ___________________

IMPORTANT — Read instructions before completing this form.

Filing Fee – $70.00 per Classification

Copy Fees – First page $1.00; each attachment page $0.50;

Certification Fee - $5.00 plus copy fees

Above Space for Office Use Only

1. Application for Registration of (Check one): Trademark Service Mark

2. Owner (Registrant) Name, Address and Declaration of Ownership

a. Name of Owner (Registrant)

b. Business Address

City (no abbreviations) State Zip Code

c. Declaration of Ownership (Do not alter.)

Registrant declares that the Registrant is the owner of the mark, that the mark is in use, and that to the Registrant’s knowledge, no

other person has registered the mark in this state, or has the right to use the mark, either in the identical form or in such near

resemblance as to be likely, when applied to the goods or services of the other person, to cause confusion, to cause mistake, or to

deceive.

3. Business Structure of Registrant (Only check one and fill in the blank)

Corporation (State of Incorporation): __________________________ Sole Proprietor

Limited Liability Company (State of Organization): _______________ Spouses, as Community Property

Limited Partnership (State of Organization): ____________________ Domestic Partners, as Community Property

General Partnership (State of Organization): ____________________ Other (Describe): ________________________

4. Name(s) of General Partner(s), if the Registrant is a Limited Partnership

5. Name and/or Design of Mark (For design, provide a brief written description that can be pictured in one’s mind without reference to the specimens.

Attach a drawing of the mark to the Application. Do not draw the design on the Application.)

6. Design Code(s) (If your mark includes a design element, using the Design Search Code Manual developed by the U.S. Patent and Trademark

Office, please include the appropriate design code(s) that describe your design element.)

Design Code(s): _______ _______ _______ _______ _______ _______

7. Disclaimer (If Applicable) No claim is made to the exclusive right to use the term(s) below:

8. Dates of First Use of Mark

a. Date the Mark was First Used Anywhere b. Date the Mark was First Used in California

Cont

inue on Next Page

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9. Ide

ntification of Goods or Services

a. If a Trademark, list specific Goods or Products. If a Service Mark, list specific Services.

b. Classification Code(s): _______ _______ _______ _______ _______ _______

10. U.S. Patent and Trademark Information

(

Indicate whether an application to register the mark, or portions, or a composite of the mark, has been filed

by the Registrant or a predecessor in interest with the United States Patent and Trademark Office.)

a. File Date b. Serial/File Number c. Status of Application

d. If Refused, Why?

e. Check here if this Item 10 does not apply

11. Manner in Which the Mark is Used (If Trademark, only check Trademark options; If Service Mark, only check Service Mark options)

For Trademark Only (Check all that apply to Trademark)

On Labels and Tags Affixed to the Goods

On Labels and Tags Affixed to Containers of the Goods

By Printing Mark Directly onto the Goods

By Printing Mark Directly onto the Containers of the Goods

Advertisement/Branding on Webpage

Other __________________________________________

For Service Mark Only (Check all that apply to Service Mark)

On Business Signs

On Advertising Brochures

On Advertising Leaflets

On Business Cards

On Letterhead

On Menus

Advertisement/Branding on Webpage

Other __________________________________________

12. Specimens (If Trademark, only check Trademark option; If Service Mark, only check Service Mark Option. Include three (3) identical original

specimens showing current use of the Mark.)

For Trademark Only (Check one box and enclose three (3) specimens)

Actual Labels

Actual Tags

Photographs of Goods / Containers Showing the Trademark

Front Panels of a Paper Container Bearing the Trademark

Website

Other __________________________________________

For Service Mark Only (Check one box and enclose three (3) specimens)

Business Cards

Advertising Brochures

Advertising Leaflets

Menus showing the Service Mark

Website

Other __________________________________________

Declaration of Accuracy and Signature

I declare that all the foregoing information contained in this Application for Registration is accurate, true and correct and that I am

authorized to sign this Application for Registration. I understand that if I willfully state in this Application for Registration any material

fact that I know to be false, I will be subject to a civil penalty of not more than ten thousand dollars ($10,000.00).

_____________________ ___________________________________________ ___________________________________________________________

Date Type or Print Name of Authorized Person Signature

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