TM-100 - Instructions (REV 05/2019) 2019 California Secretary of State
bizfile.sos.ca.gov
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.
5.
If the mark is
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.