State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_80 > GS_80-3_1

§80‑3.1.  Examination of application.

(a)        Upon filing anapplication for registration and payment of the application fee, the Secretarymay cause the application to be examined for conformity with this Article.

(b)        The applicant shallprovide any additional relevant information requested by the Secretary,including a description of a design mark, and may make, or authorize theSecretary to make, any amendments to the application reasonably requested bythe Secretary or deemed by the applicant to be advisable to respond to arejection or objection.

(c)        The Secretary mayrequire the applicant to disclaim an unregisterable component of a markotherwise registrable, and an applicant may voluntarily disclaim a component ofa mark requested to be registered.  No disclaimer shall prejudice or affect theapplicant's or registrant's rights then existing or thereafter arising in thedisclaimed matter, or the applicant's or registrant's rights of registration onanother application if the disclaimed matter is distinctive of the applicant'sor registrant's goods or services.

(d)        The Secretary may(i) amend the application submitted by the applicant, if the applicantconsents, or (ii) require a new application be submitted.

(e)        If the Secretaryfinds that the applicant is not entitled to registration, the Secretary shalladvise the applicant of the reasons the applicant is not entitled toregistration.  The applicant shall have a reasonable period of time, specifiedby the Secretary, in which to reply or to amend the application. If theapplicant replies and amends the application, the Secretary shall reexamine theapplication.  This procedure may be repeated until (i) the Secretary finallyrefuses registration of the mark, or (ii) the applicant fails to reply or toamend the application within the specified period.  If the applicant fails toreply or to amend the application, the application shall be deemed to have beenabandoned.

(f)         If the Secretaryfinally refuses registration of the mark, the applicant may seek a writ ofmandamus to compel registration.  The writ may be granted, without costs to theSecretary, on proof that all the statements in the application are true andthat the mark is entitled to registration.

(g)        When the Secretaryreceives more than one application seeking registration of the same orconfusingly similar marks for the same or related goods or services andprocesses those applications concurrently, the Secretary shall grant priorityto the applications in order of filing.  If a previously filed application isgranted a registration, any other application shall then be rejected.  Arejected applicant may bring an action for cancellation of the registration ongrounds of prior or superior rights to the mark, in accordance with theprovisions of this Article. (1997‑476, s. 5.)