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Repealed Eff.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Repealed Eff.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Repealed Eff.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.