Nevada Revised Statutes 564.120 – Rerecording of brands and marks: Application; fee; notice; abandonment; certificates; limitation on recording new brands
1. Any owner of a brand or brand and mark or marks of record under the provisions of this chapter, including brands or marks transferred pursuant to the provisions of NRS 564.110, desiring legally to continue the use of the brand or brand and mark or marks beyond the prescribed dates shall, within 60 days before January 1, 2023, and at the end of each 5-year period thereafter, apply to the Department for the rerecording of the brand or brand and mark or marks.
Terms Used In Nevada Revised Statutes 564.120
- Department: means the State Department of Agriculture. See Nevada Revised Statutes 564.010
- Director: means the Director of the Department. See Nevada Revised Statutes 564.010
- 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
2. The application must be:
(a) Submitted electronically through the Internet website of the Department or in writing on a form provided by the Department; and
(b) Accompanied by a rerecording fee of $200. The fee must not be prorated for any unused portion of the period for which the brand, or brand and mark, or marks are rerecorded.
3. The Department shall notify every owner of a brand or brand and mark or marks of legal record in its office, including owners of brands and marks transferred under the provisions of NRS 564.110, at least 60 days before January 1, 2023, and January 1 at the end of each 5-year period thereafter, of the owner’s right to rerecord the brand or brand and mark or marks as provided in this section. At the discretion of the Department unless otherwise requested by an owner, the notice must be sent by electronic mail to each such owner or be sent in writing by mail to each such owner at the owner’s last electronic mail address or address of record, as applicable, provided to the Department by the owner. The notice is complete at the expiration of 60 days after the date of its sending by the Department.
4. The Department may also advertise the approach of any rerecording period in such manner and at such times as it deems advisable.
5. Any brands or brands and marks for the rerecording of which the owners have not applied as provided for in this section by January 1, 2023, or by January 1 of any 5-year period after that date, including all brands and marks of record as transferred as provided in NRS 564.110, shall be deemed abandoned and no longer of legal record as provided for by this chapter. Brands or brands and marks thus abandoned may not be awarded or recorded by the Department to persons other than those persons abandoning the brands or brands and marks until 1 year after the date of the abandonment. The awarding and recording of abandoned brands or brands and marks to any person must be in accordance with the provisions of this chapter.
6. The Department shall furnish the legal owners of any brand or brand and mark or marks rerecorded under the provisions of this section with an electronic copy of a certificate setting forth the fact of the rerecordation.
7. No new brands may be recorded during the 60 days of a rerecording period unless, in the opinion of the Director, undue hardship would be caused the applicant.