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. 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 […]
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. 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. (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. 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.)
80-13. 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. 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.)
80-2. Registrability. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it (1) Consists of or comprises immoral, deceptive or scandalous matter; or (2) Consists of or comprises matter which may disparage or falsely suggest a […]
80-3. Application for registration. (a) Subject to the limitations set forth in this Article, any person who uses a mark, or any person who controls the nature and quality of the goods or services in connection with which a mark is used by another, in this State may file in the office of the Secretary […]
80-3.1. Examination of application. (a) Upon filing an application for registration and payment of the application fee, the Secretary may cause the application to be examined for conformity with this Article. (b) The applicant shall provide any additional relevant information requested by the Secretary, including a description of a design mark, and may make, or […]
80-4. Certificate of registration. Upon compliance by the applicant with the requirements of this Article, the Secretary shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary and the seal of the State, and it shall show the […]
80-5. Duration and renewal. Registration of a mark hereunder shall be effective for a term of 10 years from the date of registration and shall be renewable for successive terms of 10 years upon application filed within six months prior to the expiration of any term. A renewal fee of thirty-five dollars ($35.00), payable to […]
80-6. Assignment. (a) Any mark and its registration hereunder shall be assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may […]
80-7. Records. The Secretary shall keep for public examination all assignments recorded under G.S. 80-6 and a record of all marks registered or renewed under this Article. The Secretary shall collect the following fees for copying, comparing, and certifying a copy of any filed document relating to a trademark or service mark: (1) Five dollars […]
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. 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 […]
