in-20250618-IR-075250154FRA: DIGEST BUSINESS SERVICES DIVISION TRADEMARK RULE

Final Rule LSA Document #25-154 DIGEST 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. Sec. 2. "Actual use specimen" means an image showing the actual use of a mark. 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". 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. Sec. 5. "Drawing specimen" means a drawing or proof demonstrating the major design elements of a mark. 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: 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. 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. 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. 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. 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. 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. Sec. 3. For electronic transactions, the secretary of state shall collect payment processing fees as follows: