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;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 23, 2017.