As used in NRS 600.240 to 600.450, inclusive, unless the context otherwise requires, the words and terms defined in NRS 600.250 to 600.320, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1979, 595; A 1995, 67; 1997, 159; 2001, 406)
“Applicant” means the person filing an application for registration of a trademark and the legal representatives, successors or assigns of such a person. (Added to NRS by 1979, 595)
“Mark” includes any trademark, trade name or service mark entitled to registration whether registered or not. (Added to NRS by 1979, 595)
“Registrant” includes the person to whom the registration of a mark is issued and the legal representatives, successors or assigns of such a person. (Added to NRS by 1979, 595)
“Service mark” means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others. (Added to NRS by 1979, 595)
“Trademark” means any word, name, symbol or device, or any combination of them, adopted and used by a person to identify goods made or sold by that person and to distinguish them from goods made or sold by others. (Added to NRS by 1979, 595)
“Trade name” means a word, symbol, device, or any combination of them, used by a person to identify the business, vocation or occupation of that person and distinguish it from the business, vocation or occupation of others. (Added to NRS by 1979, 595)
A mark is deemed to be “used” in this State: 1. On goods when it is placed in any manner on the goods, their containers, the displays associated with them or on the tags or labels affixed to them and the goods are sold or otherwise distributed in the State; and 2. On services when […]
A mark must not be registered if it: 1. Contains immoral, deceptive or scandalous matter. 2. Contains matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, national symbols or which may bring them into contempt or disrepute. 3. Resembles or simulates the flag or other insignia of the […]
1. A person who has adopted and is using a mark in this State may file in the Office of the Secretary of State, on a form to be furnished by the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information: (a) Whether the mark […]
1. A specimen accompanying an application for the registration of a mark must meet the following criteria: (a) The specimen must agree with the mark as described in the application, must agree with the mark as used, and evidence use of the mark. (b) If the specimen is a drawing, it must be a substantially […]
1. Upon compliance by the applicant with the requirements of NRS 600.330 and 600.340, the Secretary of State shall issue and deliver a certificate of registration to the applicant. The certificate of registration must be issued under the signature of the Secretary of State and the seal of the State, and it must designate: (a) […]
1. If any statement in an application for registration of a mark was incorrect when made or any arrangements or other facts described in the application have changed, making the application inaccurate in any respect without materially altering the mark, the registrant shall promptly file in the Office of the Secretary of State a certificate, […]
1. The registration of a mark is effective for 5 years from the date of registration and, upon application filed within 6 months before the expiration of that period, on a form to be furnished by the Secretary of State, the registration may be renewed for a successive period of 5 years. A renewal fee […]
1. A mark and its registration are assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must: (a) Be in writing; (b) Be signed and acknowledged by […]
The Secretary of State shall keep for public examination a record of all registered marks. (Added to NRS by 1979, 597)
The Secretary of State shall cancel from the register: 1. After July 1, 1980, any filing or registration of a mark which has expired and is not renewed in accordance with the provisions of NRS 600.360. 2. Any registration which the registrant or the assignee of record voluntarily requests be cancelled. 3. Any registration concerning […]
The fee for filing a cancellation of registration pursuant to NRS 600.390 is $50. (Added to NRS by 1987, 1114; A 1993, 490; 2001, 3196)
1. The Secretary of State may adopt regulations defining general classes of goods and services for which a mark may be registered. Classes defined pursuant to this subsection are deemed to be for administrative convenience and must not be deemed to be exclusive or limit or extend the rights of the applicant or registrant. 2. […]
Any person who for himself or herself, or on behalf of any other person, attempts to procure or procures the registration of any mark in this State by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, is liable for all damages sustained in consequence […]