State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_80 > GS_80-5

§80‑5.  Duration and renewal.

Registration of a markhereunder shall be effective for a term of 10 years from the date ofregistration and shall be renewable for successive terms of 10 years uponapplication filed within six months prior to the expiration of any term. Arenewal fee of thirty‑five dollars ($35.00), payable to the Secretary,shall accompany the application for renewal of the registration.  Within sixmonths following the expiration of a term of five years from the date ofregistration, or the last renewal of registration of the mark, the applicantshall submit a specimen showing evidence of current use of the mark and asigned statement verifying the use of such mark on a form to be furnished bythe Secretary of State.  Use of the form furnished by the Secretary of State ismandatory.  Failure to submit this verification and specimen showing evidenceof current use shall be grounds for cancellation of the registration of themark by the Secretary of State.

The Secretary of State shallnotify registrants of marks hereunder of the necessity of renewal within theyear next preceding the expiration of the 10 years from the date ofregistration, by writing to the last known address of the registrants.

The Secretary of State shallnotify registrants of marks hereunder of the necessity of submitting evidenceof current use of the mark after five years from the date of registration or ofthe last renewal of registration of the mark, by writing to the last knownaddress of the registrants within the year preceding the due date for suchsubmission.

Registration of marks appliedfor under previous acts shall be continued in force for the full 10‑yearterm without the necessity of submitting evidence of current use of the markduring the term.

All applications for renewalsunder this Article, whether of registrations made under this Article or ofregistrations effected under any prior act, shall be filed with the Secretaryin a format prescribed by the Secretary specifying the information called forby G.S. 80‑3 and shall include a statement that the mark is still in usein this State, setting forth those goods or services recited in theregistration in connection with which the mark is still in use.  Theregistration shall be renewed only as to the goods and services. (1967,c. 1007, s. 1; 1991, c. 626, s. 5; 1997‑476, s. 7.)