§ 80-13 – Common-law rights.
80-13. Common-law rights. Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. (1967, c. 1007, s. 1.)
§ 80-14 – Severability of Article.
80-14. Severability of Article. If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this Article shall not be affected thereby. (1967, c. 1007, s. 1.)
§ 80-8 – Cancellation.
80-8. Cancellation. The Secretary shall cancel from the register, in whole or in part: (1) Repealed by Session Laws 1991, c. 626, s. 8. (2) Any registration concerning which the Secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record. (3) All registrations granted under this Article and […]
§ 80-9 – Classification.
80-9. Classification. The Secretary shall establish a classification of goods and services for convenience of administration of this Article, but not to limit or extend the applicant’s or registrant’s rights, and a single application for registration of a mark may include any or all goods upon which, or services for which, the mark is actually […]
§ 80-10 – Fraudulent registration.
80-10. Fraudulent registration. Any person who shall for himself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary under the provisions hereof, by knowingly making any false or fraudulent representation or declaration, verbally or in writing, or by any other fraudulent means, shall […]
§ 80-11 – Infringement.
80-11. Infringement. Subject to the provisions of G.S. 80-13, any person who shall (1) Use in this State without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under this Article in connection with the sale, offering for sale, or advertising of any goods or services on or […]
§ 80-11.1 – Criminal use of counterfeit trademark.
80-11.1. Criminal use of counterfeit trademark. (a) For purposes of this section: (1) "Counterfeit mark" means a mark that is used in connection with the sale or offering for sale of goods or services that are identical to or substantially indistinguishable from the goods or services with which the mark is used or registered, and […]
§ 80-12 – Violation a deceptive or unfair trade practice.
80-12. Violation a deceptive or unfair trade practice. A violation of G.S. 80-10 or G.S. 80-11 constitutes a violation of G.S. 75-1.1. (1903, c. 271, s. 8; Rev., s. 3021; C.S., s. 3980; 1941, c. 255, s. 3; 1967, c. 1007, s. 1; 1995, c. 436, s. 2.)
§ 80-1 – Definitions.
80-1. Definitions. (a) The term "applicant" as used herein means the person filing an application for registration of a trademark under this Article, the person’s legal representatives, successors or assigns. (b) The term "mark" as used herein includes any trademark or service mark entitled to registration under this Article whether registered or not. (c) The […]
§ 80-1.1 – Purpose.
80-1.1. Purpose. The purpose of this Article is to provide a system of State trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, 15 U.S.C. 1051, et seq., as amended. The construction given the federal act should be examined as persuasive authority for […]