Nevada Revised Statutes 564.075 – Amendment of record of brands and marks; application; form
1. The owner of a brand or brand and mark or marks whose ownership is recorded by the Department pursuant to NRS 564.070 may apply to the Department to amend the record:
Terms Used In Nevada Revised Statutes 564.075
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the State Department of Agriculture. See Nevada Revised Statutes 564.010
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
(a) By changing his or her name as it appears in the record if:
(1) The owner’s name is changed by court order pursuant to an adoption, a divorce, an adjudication of paternity, a petition for a change of name or other legal proceeding;
(2) The owner changes his or her name upon marriage;
(3) The owner transfers the ownership of the brand or brand and mark or marks to or from a revocable trust of which the owner is a beneficiary;
(4) The record shows that the brand or brand and mark or marks is owned by joint tenants with the right of survivorship and the owner is the surviving joint tenant;
(5) The owner is a partnership, corporation or other business entity and the change in the name of the owner is the result of a change in the identity or form of the business entity or a transfer of the ownership of the brand, brand and mark or marks to a business entity that has identical common ownership; or
(6) The owner applies on the basis of a comparable event, transaction or other occurrence.
(b) By removing the name of a person who is included in the record in the capacity of a parent or guardian of the owner if the owner was a minor at the time his or her ownership was recorded by the Department and the owner is 18 years of age or older.
2. An application to amend the record pursuant to this section must be:
(a) On a form provided by the Department; and
(b) Accompanied by written proof of the event, transaction or other occurrence that is the basis for the application.
3. If the Department determines that the requested amendment to the record does not affect the ownership of a brand or brand and mark or marks or create confusion concerning its ownership, the Department shall:
(a) Amend the record by changing the name of the owner or removing the name of the parent or guardian of the owner; and
(b) Provide the owner with an amended certificate of recordation.