Use these instructions when completing a Statement of Trademark Registration of a Non-Reporting Entity pursuant to § 7-70-102 and Part 3 of Article 90 of Title 7 of the Colorado Revised Statutes (C.R.S.). The required form/cover sheet must be used when submitting the document for filing. Mistakes may have legal consequences: review the information provided carefully. The Colorado Secretary of State’s office cannot provide legal advice. Questions should be addressed to the user’s legal, business or tax advisor(s). Only provide information that is required or permitted to be included in the document.  Information included in the document must be in English, typewritten or machine printed, and must state the name and address of at least one individual causing the document to be delivered for filing. In order to obtain a copy of the filed document or access additional information, including Frequently Asked Questions (FAQs), visit our Web site, www.sos.state.co.us.

 

Instructions

General Partnership Selection:  Select the correct button to indicate whether the non-reporting entity is a general partnership. The button is defaulted to “Yes.” If the non-reporting entity is not a general partnership, select “No.”

True Name:  If the “No” button is selected to indicate that the non-reporting entity is not a general partnership, provide the true name of the entity in the entity name field.  If the “Yes” button is selected to indicate that the non-reporting entity is a general partnership, provide the true name of one general partner.  The general partner may be either an individual or an entity.

Form of Entity:  Select the form of the non-reporting entity from the drop-down list provided. If “Other” is selected, provide the form of the entity in the space provided.  If “Yes” is selected above to indicate that the non-reporting entity is a general partnership, “General Partnership” must be selected as the form of entity. 

Jurisdiction:  Select the jurisdiction where the non-reporting entity was formed from the drop-down list provided.  The drop-down list includes all U.S. states, U.S. territories, and Canadian provinces.  If the jurisdiction does not appear in the drop-down list, select “Other” and type the jurisdiction in the space provided. 

Principal Address:

Street Address:  Provide the street name and number, including the suite, unit or apartment number, if applicable. The city, state, and ZIP code must also be provided. Any address outside of the United States must include the country and, if applicable, the province.  The street address must be a physical address and cannot be a post office box.

Example: 123 N. Main Street, Apt 101
               Denver, Colorado 80202

Mailing Address:  Include a mailing address only if the mailing address is different than the street address, or mail cannot be delivered to the street address.  The address should include the city, state and ZIP code where mail is to be delivered. Any address outside of the United States must include the country and, if applicable, the province.

Example:  P.O. Box 854
                Lakewood, Colorado 80228

Service of Process Selection:   Select a button to indicate how the non-reporting entity will receive service of process.  Select either the service of process mailing address button OR the registered agent button.

Service of Process Mailing Address:  If the non-reporting entity does not maintain a registered agent in Colorado, provide a mailing address for service of process, including the city, state and ZIP code. Any address outside of the United States must include the country and, if applicable, the province.

Registered Agent Name:  If the non-reporting entity maintains a registered agent in Colorado, provide the name of the registered agent. A registered agent must be one of the following: an individual age 18 years or older whose primary residence or usual place of business is in Colorado, a domestic entity having a usual place of business in Colorado or a foreign entity authorized to transact business or conduct activities in Colorado that has a usual place of business in Colorado.  When providing the registered agent’s name only list the individual name or the entity name of the registered agent.  Do not provide both names.  For legal authority, refer to § 7-90-701, C.R.S.

Registered Agent Street Address:  Provide the street name and number, including the suite, unit or apartment number, if applicable, of the registered agent’s street address.  The city and ZIP code must also be provided.  The state field will be pre-filled with “CO”.   If the registered agent is an entity, provide the street address of the registered agent’s usual place of business in Colorado.  If the registered agent is an individual, provide the street address of either the registered agent’s primary residence in Colorado or registered agent’s usual place of business in Colorado.  The street address must be a physical address and cannot be a post office box.

Registered Agent Mailing Address:  If the registered agent’s mailing address is different from the registered agent’s street address, or mail cannot be delivered to the street address, provide an address in Colorado where mail may be delivered.  The state field will be pre-filled with “CO”.  A city and ZIP code must also be provided.

Statement Regarding Registered Agent Consent: The registered agent must consent to being appointed as the registered agent for the non-reporting entity.  The statement regarding registered agent consent is required by § 7-90-701 (3), C.R.S. 

Type of Trademark: Select whether the trademark is a standard character or special form trademark by selecting either the “Standard Character Trademark” button OR the “Special Form Trademark” button.

Standard Character Trademark: If the trademark consists of words only, provide the word or phrase, using English letters, Roman or Arabic numerals, and punctuation marks that make up the trademark.

Note:  A Statement of Trademark Registration of a standard character trademark MUST include the attachment of a specimen of how the trademark is used. 

Special Form Trademark: If the trademark contains words with special characters, font,  formatting and/or a picture, it is a special form trademark.  A detailed description of the special form trademark must be included in the space provided. Selecting the special form trademark button also requires attachment of a drawing or picture of the trademark. The Manage Attachments page will appear after selecting “Submit” and will allow a PDF or JPEG document to be included as part of the filed document.

Note:  A Statement of Trademark Registration of a special form trademark MUST include two attachments, the drawing or picture of the trademark AND a specimen of how the trademark is used.  These can be attached as two separate files or can be combined into one file.

Description of Goods or Services:  Provide a detailed description of the type(s) of goods or services with which the trademark is used.

Class of Goods or Services:  Select the class code corresponding to the goods or services described above. (A list of class codes can be found at end of these instructions.) Information regarding the class codes can be found on the United States Patent and Trademark Office’s Web site, http://www.uspto.gov.  In addition, a search may be performed at http://tess2.uspto.gov/netahtml/tidm.html to help determine the proper class for the goods or services.

Description of Attached Specimen:  A specimen of how the trademark is being used by the registrant must be attached, and a description of the attached specimen must be provided.  Examples of specimens include a picture of the company’s logo on one of the company’s delivery trucks or a copy of the company’s letterhead that displays the trademark.  After selecting “Submit” at the bottom of the online form, the Manage Attachments page will appear and allow for the attachment of the sample specimen as a PDF or JPEG document.

Date of First Use in Commerce:  Provide the date the trademark was first used in Colorado by the registrant or by the registrant’s predecessor in interest. The date must be provided in the following format: mm/dd/yyyy.

Statement Regarding Trademark:  The statement regarding the registrant’s use of the trademark is required by § 7-70-102 (2), C.R.S.

Additional Information:   Select the “No” button if no additional information will be attached.  Select the “Yes” button if additional information is permitted or required by law to be included in the document.  After selecting “Submit” at the bottom of the online form, the Manage Attachments page will appear and allow for the attachment of the additional information as a plain text, PDF, or JPEG document.

Notice:  This section describes the legal authority for filing this document. Refer to § 7-90-301.5, C.R.S. for more information.

Individual Causing Delivery:   Pursuant to § 7-90-301.5, C.R.S., each individual causing the document to be filed is responsible for complying with the applicable statutes.  Provide the last name and first name of at least one individual causing the document to be delivered for filing. A middle name and suffix are optional. The mailing address, including the city, state and ZIP code, must be provided. Any address outside of the United States must include the country and, if applicable, the province.

Example:  Smith, John
                123 N. Main St., Apt 101
                Denver, Colorado 80122

Additional Individuals Causing Delivery:  Select the “YES” button to include an attachment with the names and addresses of additional individuals causing the document to be filed.  The attachment must provide the name of each additional individual, including their last name and first name.  Middle name and suffix are optional.  Also provide the mailing address, including the city, state and ZIP code.  Any address outside of the United States must include the country and, if applicable, the province.

Disclaimer:  These instructions, and the related form/cover sheet, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty.  While the related form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form.  Questions should be addressed to the user’s attorney.

 

Classes of Goods and Services *

Goods
001	Chemicals	018	Leather goods
002	Paints	019	Non-metallic building materials
003	Cosmetics & cleaning preparations	020	Furniture
004	Lubricants & fuels	021	Housewares & glass
005	Pharmaceuticals	022	Cordage & fibers
006	Metal goods	023	Yarns & threads
007	Machinery	024	Fabrics
008	Hand tools	025	Clothing
009	Electrical & scientific apparatus	026	Fancy goods
010	Medical apparatus	027	Floor coverings
011	Environmental control apparatus	028	Toys & sporting goods
012	Vehicles	029	Meats & processed foods
013	Firearms	030	Staple foods
014	Jewelry	031	Natural agricultural products
015	Musical instruments	032	Light beverages
016	Paper goods & printed matter	033	Wines & spirits
017	Rubber goods	034	Smokers' articles

 

Services
035	Advertising & business	041	Education & entertainment
036	Insurance & financial	042	Computer, scientific & legal
037	Construction & repair	043	Hotels & restaurants
038	Communication	044	Medical, beauty & agricultural
039	Transportation & storage	045	Personal
040	Material treatment

* The list of goods and services conforms to the United States patent and trademark office’s International Schedule of Goods and Services as of May 29, 2007 and as published in 37 C.F.R. § 6.1. For more information refer to § 7-70-101 (1), C.R.S.