State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_80 > GS_80-3

§ 80‑3.  Application forregistration.

(a)        Subject to thelimitations set forth in this Article, any person who uses a mark, or anyperson who controls the nature and quality of the goods or services inconnection with which a mark is used by another, in this State may file in theoffice of the Secretary in a format to be prescribed by the Secretary, anapplication for registration of that mark setting forth, but not limited to,the following information:

(1)        The name andbusiness address of the person applying for registration; and, if acorporation, the state of incorporation. If the application for registrationrelates to a mark used in connection with goods, the applicant shall listeither the address of the applicant's principal place of business in NorthCarolina or a place of distribution and usage of the goods in this State. Ifthe application for registration relates to a mark used in connection withservices, the applicant shall list a physical location at which the servicesare being rendered or offered in this State;

(2)        The goods orservices in connection with which the mark is used and the mode or manner inwhich the mark is used in connection with the goods or services and the classin which the goods or services fall;

(3)        The date when themark was first used anywhere and the date when it was first used in this Stateby the applicant, the applicant's predecessor in business or by another underthe control of the applicant; and

(4)        A statement that theapplicant is the owner of the mark, that the mark is in use, and that to thebest of the knowledge of the person verifying the application, no other personhas registered in this State, or has the right to use the mark in this Stateeither in the identical form thereof or in such near resemblance thereto as tobe likely, when applied to the goods or services of the other person, to causeconfusion, or to cause mistake, or to deceive.

(b)        The applicationshall be signed and verified by the applicant, by a partner, by a member of thefirm, or an officer of the corporation or association applying forregistration. In states in which a notary is not required by law to obtain anotary's stamp or seal, an original certificate of authority of the notaryissued by the appropriate State agency shall be submitted with the application.If the application is signed by a person acting pursuant to a power of attorneyfrom the applicant, an original power of attorney or a certified copy of thepower of attorney shall accompany the application.

The application shall beaccompanied by three specimens of the mark as currently used and by a filingfee of seventy‑five dollars ($75.00), payable to the Secretary.

(c)        The Secretary mayrequire a statement as to whether an application to register the mark, orportions or a component of the mark, has been filed by the applicant or apredecessor in interest in the United States Patent and Trademark Office and,if so, the applicant shall provide any relevant information required by theSecretary, including the filing date and serial number of the application andthe status of the application. If any application was finally refusedregistration or has otherwise not resulted in a registration, the Secretary mayrequire the applicant to provide in the statement the reason the applicationwas not registered. The Secretary may also require that a drawing of the markaccompany the application in a form specified by the Secretary. (1903, c. 271, s. 3; Rev., s.3014; C.S., s. 3973; 1935, c. 60; 1941, c. 255, s. 2; 1967, c. 1007, s. 1;1983, c. 713, s. 49; 1991, c. 626, s. 3; 1997‑476, s. 4; 2002‑126,s. 29A.36.)