Section .0100 ‑ General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 18 - secretary of state/chapter 02 - general administration division/chapter 02 rules.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
SECTION .0100 ‑ GENERAL PROVISIONS

 

18 NCAC 02 .0101             FUNCTIONS

 

History Note:        Authority G.S. 143A‑8; 143A‑9;

147‑36;

Eff. February 1, 1976;

Repealed Eff. September 1, 1988.

 

 

18 NCAC 02 .0102             SECRETARY OF

STATE

The Secretary of State is the head of the Department of the

Secretary of State.  The office of the Secretary of State is located in the Old

Revenue Complex, 2 S. Salisbury Street, Raleigh, North Carolina.  The mailing

address is: North Carolina Department of the Secretary of State, P.O. Box 29622 , Raleigh, North Carolina 27626-0622 and the normal business hours are 8:00 a.m. to 5:00 p.m.

 

History Note:        Authority G.S. 143A‑19; 147‑34;

Eff. February 1, 1976;

Amended Eff. April 1, 2003.

 

18 NCAC 02 .0103             DEPUTY SECRETARY OF STATE

 

History Note:        Authority G.S. 80‑3; 160A‑9.4;

160A‑29; 160A‑39; 160A‑51;

Eff. February 1, 1976;

Amended Eff. September 1, 1988;

Repealed Eff. May 1, 2003.

 

18 NCAC 02 .0104             AGENT FOR SERVICE OF PROCESS

The Deputy Secretary of State is the agent for service of

process on the Department of the Secretary of State.

 

History Note:        Authority G.S. 1A‑1, Rule 4(j)(4);

Eff. February 1, 1976.

 

 

 

18 NCAC 02 .0105             LAWS AND JOURNALS

Certified copies of the current session laws and the

journals of each house of the General Assembly prior to the publication of the

printed volumes may be obtained from the Capitol office of the Department of

the Secretary of State.  Certified copies of the session laws and legislative

journals contained in the printed volumes issued by the Legislative Services

Commission may be obtained in Room 302, Legislative Office Building, 300 N.

Salisbury Street, Raleigh, NC  27611.

 

History Note:        Authority G.S. 120‑27; 120‑29;

147‑39;

Eff. February 1, 1976;

Amended Eff. September 1, 1988.

 

 

 

SECTION .0200 ‑ LOBBYING AND INFLUENCING OPINION

 

18 NCAC 02 .0201             REGISTRATION OF LEGISLATIVE AGENTS

18 NCAC 02 .0202             WRITTEN AUTHORIZATION

18 NCAC 02 .0203             REPORTS OF EXPENDITURES

18 NCAC 02 .0204             INFLUENCING PUBLIC OPINION OR

LEGISLATION

 

History Note:        Authority G.S. 120‑47.2; 120‑47.3;

120-47.4; 120-47.6; 120-47.7; 120-49; 120-50;

Eff. February 1, 1976;

Amended Eff. September 1, 1988; January 1, 1977;

Repealed Eff. August 1, 2000.

 

SECTION .0300 ‑ TRADEMARKS

 

18 NCAC 02 .0301             DEFINITIONS

As used in this Section the word "mark" shall

include both trademarks and service marks, and the word "Department"

shall mean the Department of the Secretary of State.

 

History Note:        Authority G.S. 80‑1;

Eff. February 1, 1976.

 

 

 

18 NCAC 02 .0302             FORMS

Applications for registration and renewal of marks must be

on a current form supplied by the Secretary of State.  Requests for forms shall

be directed to the Department of the Secretary of State, P.O. Box 29622, Raleigh, North Carolina 27626-0622.  The forms are titled "Application for

Registration of Trademark or Service Mark" and "Application for

Renewal of Registration of Trademark or Service Mark", and both forms

contain instructions which must be followed in completing them.

 

History Note:        Authority G.S. 80‑3; 80‑5;

Eff. February 1, 1976;

Amended Eff. April 1, 2003.

 

18 NCAC 02 .0303             REGISTRATION

(a)  Multiple Registrations.  Only one mark in one class may

be included on each application for registration.  A separate application and

filing fee is required for each class in which registration is desired.

(b)  Description of Mark.  A description of the mark, other

than merely a word mark, must be set forth in the application including a

written description of any designs sought to be registered.  All extraneous

matter must be omitted.

(c)  Description of Goods or Services.  The description of

the goods or services set forth in the application must contain specific goods

or services rather than broad categories of goods or services.

(d)  Classification.  The classification of goods and

services set forth in G.S. 80‑9 is established for the convenience of

administration.  Applications which state a classification which is not

appropriate will be changed to the appropriate classification prior to

registration.

(e)  Specimens.  The function of the specimens submitted with

the application is to show the mark in use.  Actual specimens from one of the

methods or modes of use listed in the application must be submitted.  Where

submission of an actual specimen is not practical due to the size or manner of

use, a photograph of the mark in use or a facsimile of the mark showing the

mark as used may be submitted.

 

History Note:        Authority G.S. 80‑3; 80‑9;

Eff. February 1, 1976.

 

 

 

18 NCAC 02 .0304             ASSIGNMENT

(a)  Any form of assignment of a mark and its registration

which meets the requirements of G.S. 80‑6 and contains the name and

business address of the assignee may be recorded.  Suggested forms will be

furnished on request to the Department of the Secretary of State.

(b)  An executed and properly acknowledged copy of the

assignment must be submitted.  The assignment will not be returned unless

requested.

 

History Note:        Authority G.S. 80‑6;

Eff. February 1, 1976.

 

 

 

18 NCAC 02 .0305             AUTOMATIC TRANSFER

The merger or consolidation of a corporate registrant will

be recognized as an automatic transfer of the registration of any mark to the

surviving or resulting corporation.  Notation in the trademark records of the Department

of the Secretary of State of the automatic transfer will be made upon written

request from the surviving or resulting corporation subject to the following:

(1)           If the articles of merger or consolidation are on

file in the corporation records of the department, no additional filing and no

recording fee is due.

(2)           If the articles of merger or consolidation are not

on file in the corporation records of the department, a copy of the articles of

merger or consolidation duly certified by the proper official of the state of

incorporation must be submitted with the request for automatic transfer of the

registration.  A recording fee of ten dollars ($10.00) is required.

 

History Note:        Authority G.S. 80‑7;

Eff. February 1, 1976.

 

 

 

18 NCAC 02 .0306             NAME CHANGE

If the name of a corporate registrant is changed by

amendment to its charter, proper notation of the change will be made in the

trademark records upon written request from the registrant subject to the

following:

(1)           If the charter document effecting the change is on

file in the corporation records of the department, no additional filing is

required.

(2)           If the charter document effecting the change is not

on file in the corporation records of the department, a copy of the charter

document duly certified by the proper official of the state of incorporation

must be submitted with the request.

 

History Note:        Authority G.S. 80‑7;

Eff. February 1, 1976.

 

 

 

18 NCAC 02 .0307             RENEWALS

(a)  Notice of expiration of the registration of a mark will

be mailed to the last known address of the registrant at the beginning of the

sixth month prior to expiration.  A current form "Application for Renewal

of Registration of Trademark or Service Mark" will be enclosed with the

notice.  A separate application must be submitted for each registration for

which renewal is sought.

(b)  A mark registered under the law in effect prior to

January 1, 1968 must be renewed according to the current classification of

goods or services.  Where the goods or services described in the original

application for registration fall in more than one class under the current

classification, a separate application for renewal and filing fee must be submitted

for each class under which renewal is desired.

(c)  The registration of a mark which has been materially

changed in use since the original registration may not be renewed, but a new

application for registration must be submitted.

 

History Note:        Authority G.S. 80‑5;

Eff. February 1, 1976.

 

 

 

18 NCAC 02 .0308             OTHER CHANGES

Changes in the address of the registrant, and a listing of

additional goods within the registration classification will be noted in the

trademark records of the department upon written request from the registrant.

 

History Note:        Authority G.S. 80‑7;

Eff. February 1, 1976.