North Carolina Statutes

Chapter 80 Trademarks, Brands, etc

Article 1 - Trademark Registration Act.

  • § 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,...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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...
  • § 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....
  • § 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    The Secretary shall cancel from the register, in whole or in part: (1) Repealed by Session Laws 1991, c. 626, s. 8.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...
  • § 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...
  • § 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...
  • § 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,...
  • § 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...
  • § 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;...
  • § 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,...
  • § 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...

Article 2 - Timber Marks.

  • § 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...
  • § 80-16   How adopted, registered and published
    Every such dealer desiring to adopt a trademark may do so by the execution of a writing in form and effect as follows: Notice is...
  • § 80-17   Property in and use of trademarks
    Every trademark so adopted shall, from the date thereof, be the exclusive property of the person adopting the same. The proprietor of such trademark shall,...
  • § 80-18   Effect of branding timber purchased
    When timber is purchased by the proprietor of any such trademark, and the said trademark is placed thereon as hereinbefore provided, such timber shall thenceforth...
  • § 80-19   Trademark on timber evidence of ownership
    In any action, suit or contest in which the title to any timber, upon which any trademark has been placed as aforesaid, shall come in...
  • § 80-20   Fraudulent use of timber trademark, misdemeanor
    If any person shall use or attempt to use any timber trademark without the written consent of the proprietor thereof, or falsely and fraudulently place...
  • § 80-21   Larceny of branded timber
    If any person shall knowingly and unlawfully buy, sell, take and carry away, secrete, destroy or convert to his own use, any timber upon which...
  • § 80-22   Altering timber trademark crime
    If any person shall willfully change, alter, erase or destroy any registered timber mark or brand put or cut upon any logs, timber, lumber or...
  • § 80-23   Possession of branded logs without consent, misdemeanor
    If any person shall knowingly and willfully take up or have in his possession any log, timber, lumber or board upon which a registered timber...

Article 3 - Mineral Waters and Beverages.

Article 4 - Farm Names.

  • § 80-33   Registration of farm names authorized
    Any owner of a farm in the State of North Carolina may have the name of his farm, together with a description of his lands...
  • § 80-34   After registry, similar name not registered
    When any name has been recorded as the name of any farm in such county, the name, or one so nearly like it as to...
  • § 80-35   Distinctive name required
    No name shall be registered as the name of a farm where such proposed name or one so nearly like it as to produce confusion...
  • § 80-36   Application for registry; publication and hearing
    Before a name shall be registered the clerk shall have publication made at least once a week for four weeks in some secular newspaper published...
  • § 80-37   Fees for registration
    Any person having the name of his farm recorded as provided in this Article shall first pay to the register of deeds a fee of...
  • § 80-38   When transfer of farm carries name
    When any owner of a farm, the name of which has been recorded as provided in this Article, transfers by deed or otherwise the whole...
  • § 80-39   Cancellation of registry; fee
    When any owner of a registered farm desires to cancel the registered name thereof, he shall state on the margin of the record of the...

Article 5 - Stamping of Gold and Silver Articles.

  • § 80-40   Marking gold articles regulated
    It shall be unlawful to make for sale, or sell, or offer to sell or dispose of, or have in possession with intent to sell...
  • § 80-41   Marking silver articles regulated
    It shall be unlawful to make for sale or sell or offer to sell or dispose of or have in possession with intent to sell...
  • § 80-42   Marking articles of gold plate regulated
    It shall be unlawful to make for sale, or sell, or offer to sell or dispose of, or have in possession with intent to sell...
  • § 80-43   Marking articles of silver plate regulated
    It shall be unlawful to make for sale, or sell, or offer to sell or dispose of, or have in possession with intent to sell...
  • § 80-44   Violation of Article misdemeanor
    Every person, firm, corporation or association guilty of a violation of any one of the preceding sections of this Article, and every officer, manager, director...

Article 6 - Cattle Brands.

Article 7 - Recording of Cattle Brands and Marks with Commissioner of Agriculture.

Article 8 - Registration and Protection of Livestock Brands.

  • § 80-57   Purpose
    The purpose of this Article is to discourage livestock theft by allowing for the voluntary individual registration of brand marks for certain livestock. (1975, c....
  • § 80-58   Definitions
    (a) "Board". The term "Board" means the North Carolina Board of Agriculture. (b) "Brand". The term "brand" means an identification mark permanently affixed into the...
  • § 80-59   Responsibility and authority of Commissioner of Agriculture; application for registration; transfer of ownership of brand
    The Commissioner shall record livestock brands and maintain a record of such brands pursuant to this Article. Such records shall be public and shall be...
  • § 80-60   No brands duplicated
    No brand shall be registered that is a reasonable facsimile of another registered brand or that will likely be confused with another brand registered under...
  • § 80-61   Rules and regulations
    The Board shall have authority to promulgate reasonable rules and regulations for implementation of this Article which shall include, but not be limited to, the...
  • § 80-62   Fees for recording
    The Commissioner is authorized to collect a fee of twenty‑five dollars ($25.00) for the recording of each new brand, or for rerecording of each brand,...
  • § 80-63   Records to be kept of sales and slaughter
    Persons or agents selling or bartering or exchanging branded livestock in the State of North Carolina shall provide the purchaser or new owner with a...
  • § 80-64   Defacing of brands prohibited
    No person may change, conceal, deface, disfigure or obliterate any brand previously branded, impressed, or marked on any livestock, or put his or any other...
  • § 80-65   Rerecording
    Every brand recorded under this Article, in order to remain effective, must be rerecorded with the Commissioner during the tenth year from its next previous...
  • § 80-66   Violation a misdemeanor
    Any person who violates any provision of this Article or any rule or regulation of the Board promulgated hereunder shall be guilty of a Class...