75 IAC 9 — ARTICLE 9. TRADEMARK APPLICATION GOVERNANCE

TITLE 75 SECRETARY OF STATE

ARTICLE 9. TRADEMARK APPLICATION GOVERNANCE

Rule 1

75 IAC 9-1-1 75 IAC 9-1-1 Applicability

Rule 1. Definitions

75 IAC 9-1-1 Applicability

Authority: IC 24-2-1-11

Affected: IC 23-0.5-1.5; IC 24-2-1-2

Sec. 1. The definitions in this rule, IC 23-0.5-1.5, and IC 24-2-1-2 apply throughout this article, unless the context clearly indicates otherwise.

(Secretary of State; 75 IAC 9-1-1; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-1-2 75 IAC 9-1-2 "Actual use specimen" defined

75 IAC 9-1-2 "Actual use specimen" defined

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 2. "Actual use specimen" means an image showing the actual use of a mark.

(Secretary of State; 75 IAC 9-1-2; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-1-3 75 IAC 9-1-3 "Corporate indicator" defined

75 IAC 9-1-3 "Corporate indicator" defined

Authority: IC 24-2-1-11

Affected: IC 23-0.5-3-2; IC 24-2-1-4

Sec. 3. "Corporate indicator" means a word, a phrase, or an abbreviation required to be included in the name of a filing entity under IC 23-0.5-3-2 to describe or identify the type of filing entity. Corporate indicators include terms such as "LLC" and "INC".

(Secretary of State; 75 IAC 9-1-3; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-1-4 75 IAC 9-1-4 "Design mark" defined

75 IAC 9-1-4 "Design mark" defined

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 4. "Design mark" means a mark that includes a symbol, a design, or any nonstandard typeface as a major design feature. A mark that consists of only a name, words, or a phrase is not a design mark.

(Secretary of State; 75 IAC 9-1-4; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-1-5 75 IAC 9-1-5 "Drawing specimen" defined

75 IAC 9-1-5 "Drawing specimen" defined

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 5. "Drawing specimen" means a drawing or proof demonstrating the major design elements of a mark.

(Secretary of State; 75 IAC 9-1-5; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

Rule 2

75 IAC 9-2-1 75 IAC 9-2-1 Mark name

Rule 2. Electronic Application

75 IAC 9-2-1 Mark name

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 1. (a) If a mark is not a design mark, the application must include a name for the mark. The mark name must consist of the words, name, or phrase being registered.

(b) The name of a mark may not consist of or include:

(1) a corporate indicator;

(2) a symbol denoting the mark is a trademark or service mark, such as "TM" or "SM";

(3) a symbol denoting the mark is registered trademark "®"; or

(4) a symbol denoting other intellectual property rights, such as copyright "©".

(Secretary of State; 75 IAC 9-2-1; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-2-2 75 IAC 9-2-2 Specimens

75 IAC 9-2-2 Specimens

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 2. (a) Applicants shall provide an actual use specimen demonstrating the mark as it is used in commerce to identify the source of the associated goods or services. If the actual use specimen shows the mark being used on a web page, the specimen must include the full web address and the date the web page was accessed. Specimens that demonstrate the mark is used in an ornamental or a decorative way are not acceptable.

(b) If the mark being registered is a design mark, a drawing specimen must be provided. The drawing specimen must demonstrate the major design features of the mark as described in the application.

(Secretary of State; 75 IAC 9-2-2; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-2-3 75 IAC 9-2-3 Mark classification

75 IAC 9-2-3 Mark classification

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 3. An electronic application must include the class of goods or services to which the mark is associated. The secretary of state shall provide to applicants a list of classifications based on the classification system adopted by the United States Patent and Trademark Office.

(Secretary of State; 75 IAC 9-2-3; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-2-4 75 IAC 9-2-4 Email address

75 IAC 9-2-4 Email address

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 4. The secretary of state may collect an email address on an electronic application. The email address may be used to send notifications and reminders related to the mark or application.

(Secretary of State; 75 IAC 9-2-4; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-2-5 75 IAC 9-2-5 Access to electronic application

75 IAC 9-2-5 Access to electronic application

Authority: IC 24-2-1-11

Affected: IC 24-2-1-4

Sec. 5. An application for registration of a mark under IC 24-2-1-4 must be submitted on the secretary of state's website. Applicants must log in to the secretary of state's website through the Indiana office of technology's Access Indiana platform.

(Secretary of State; 75 IAC 9-2-5; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

Rule 3

75 IAC 9-3-1 75 IAC 9-3-1 Certificate of fact

Rule 3. Fees

75 IAC 9-3-1 Certificate of fact

Authority: IC 4-5-10-2; IC 24-2-1-11

Affected: IC 4-5-10-5; IC 24-2-1-9

Sec. 1. For an electronic request for information from the filing office, including for issuing a certificate showing whether a registration is on file or specific information related to a registration, the secretary of state shall collect fifteen dollars ($15) for the enhanced access fund established by IC 4-5-10-5.

(Secretary of State; 75 IAC 9-3-1; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-3-2 75 IAC 9-3-2 Bulk data download

75 IAC 9-3-2 Bulk data download

Authority: IC 4-5-10-2; IC 24-2-1-11

Affected: IC 4-5-10-5; IC 24-2-1-9

Sec. 2. For bulk data requests, the secretary of state shall collect five hundred dollars ($500) for the enhanced access fund established by IC 4-5-10-5.

(Secretary of State; 75 IAC 9-3-2; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)

75 IAC 9-3-3 75 IAC 9-3-3 Payment processing fee

75 IAC 9-3-3 Payment processing fee

Authority: IC 4-5-10-2; IC 24-2-1-11

Affected: IC 24-2-1-15.3

Sec. 3. For electronic transactions, the secretary of state shall collect payment processing fees as follows:

(1) For a credit card transaction, the greater of either one dollar ($1) or two and fifteen-hundredths percent (2.15%) of the transaction total.

(2) For a debit card transaction, the greater of either one dollar ($1) or one and one-half percent (1.50%) of the transaction total.

(3) For an e-check transaction, the greater of either one dollar and fifty cents ($1.50) or one and twenty-five hundredths percent (1.25%) of the transaction total.

(Secretary of State; 75 IAC 9-3-3; filed May 19, 2025, 1:10 p.m.: 20250618-IR-075250154FRA)