002-2 Wyo. Code R. § 2-1

Current through April 27, 2019
Section 2-1 - Procedure if Filing is Refused

(a) If a filing officer refuses a mark because it is the same as, or deceptively similar to, a currently authorized mark, trade name or the name of a juristic person, the applicant may file a consent from the authorized business name or mark user if the applicant has common ownership with the authorized business name or mark user.

(b) If a filing officer determines that an application is not entitled to registration for any reason set forth in W.S. 40-1-102, the filing officer shall notify the applicant within twenty days after the application is delivered, that it is not entitled to registration with a brief, written explanation of the reason. The applicant has ten days from the delivery of the returned application to reply in writing or amend its application. Within twenty days after delivery of the response or amendment to the Secretary of State, the filing officer shall:

  • (i) File the application,
  • (ii) Request the application be amended,
  • (iii) Request additional information, or
  • (iv) Refuse the application.

(c) The procedures in (b) shall continue to be followed untli the filing officer either refuses to file the application or the applicant falis to reply or amend the application with the specified period of time.

(d) If the filing officer refuses to file the application due to a deceptively similar name on file, the Secretary of State may at her discretion notify the authorized name or mark user that he may present information as to why the refusal should or should not be granted. If the authorized name or mark user chooses to provide information, he shall do so within ten days of delivery of the notification.

(e) If the Secretary of State refuses the application, or if the Secretary of State accepts an application that has been challenged because of its name, she shall issue a final decision letter which Shall include the reasons for her decision. AH parties shall be notified of the decision by certified letter.

(f) This procedure shall be informal and shall not be a contested case proceeding. Any final decision may be appealed to the appropriate District Court pursuant to the Wyoming Administrative Procedure Act. If the procedure in this Section is invoked, the thirty day appeal time provided in W.S. W.S. W.S. 16-3-114 and Rule 12.04 of the Wyoming Rules of Appellate Procedure, does not begin to run until the Secretary of State issues a final decision letter as described in the above paragraph.

002-2 Wyo. Code R. § 2-1