§ 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.)
§ 80-13 – 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.)
§ 80-15 – Timber dealers may adopt.
80-15. Timber dealers may adopt. Any person dealing in timber in any form shall be known as a timber dealer and as such may adopt a trademark, in the manner and with the effect in this Article provided. (1903, c. 261, s. 1; Rev., s. 3023; C.S., s. 3985.)
§ 80-16 – How adopted, registered and published.
80-16. How adopted, registered and published. Every such dealer desiring to adopt a trademark may do so pursuant to the provisions of Article 1 of Chapter 80 of the General Statutes. Nothing in this section invalidates or otherwise alters the legal effect of any timber mark registered according to the law in effect at the […]
§ 80-5 – Duration and renewal.
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.
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.
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 […]
§ 80-1 – 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 […]