North Carolina General Statutes Chapter 80 Trademarks, Brands, etc

Article 1 - Trademark Registration Act.

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The Secretary shall cancel from the register, in whole or in part: (1) Repealed by Session Laws 1991, c. 626, s. 8.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

Article 2 - Timber Marks.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Article 3 - Mineral Waters and Beverages.

N.C. Gen. Stat. § 80-24 through 80-32. Repealed by Session Laws 1987, c. 402

Article 4 - Farm Names.

N.C. Gen. Stat. § 80-33. Repealed by Session Laws 2012-18, s. 1.12, effective July 1, 2012
N.C. Gen. Stat. § 80-34. Repealed by Session Laws 2012-18, s. 1.12, effective July 1, 2012
N.C. Gen. Stat. § 80-35. Repealed by Session Laws 2012-18, s. 1.12, effective July 1, 2012
N.C. Gen. Stat. § 80-36. Repealed by Session Laws 2012-18, s. 1.12, effective July 1, 2012
N.C. Gen. Stat. § 80-37. Repealed by Session Laws 2012-18, s. 1.12, effective July 1, 2012
N.C. Gen. Stat. § 80-38. When transfer of farm carries name
When any owner of a farm, the name of which has been recorded in the office of the register of deeds of the county...
N.C. Gen. Stat. § 80-39. Cancellation of registry; fee
When any owner of a farm name that has been registered in the office of the register of deeds of the county in which...

Article 5 - Stamping of Gold and Silver Articles.

N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...

Article 6 - Cattle Brands.

N.C. Gen. Stat. § 80-45. Owners of stock to register brand or marks
Every person who has any horses, cattle, hogs or sheep may have an earmark or brand different from the earmark or brand of all...

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

N.C. Gen. Stat. § 80-46 through 80-56. Repealed by Session Laws 1975, c. 261, s. 1

Article 8 - Registration and Protection of Livestock Brands.

N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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,...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...
N.C. Gen. Stat. § 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...

Last modified: March 23, 2014