Existing law regulates the use of brands and brands and marks in this State. (Chapter 564 of NRS) Existing law authorizes the State Department of Agriculture to establish and collect reasonable fees for certain actions involving brands or brands and marks. (NRS 564.080) Existing regulations establish a fee for recording and rerecording a brand, or brand and mark, or marks of $120. (NAC 564.010) Section 1 of this bill revises the fee for recording a brand, or brand and mark, or marks to be $200. Section 1.5 of this bill: (1) removes the authority of the Department to establish reasonable fees for the recording or the rerecording of brands or brands and marks; and (2) authorizes the Department to establish and collect reasonable fees for the processing of applications for new brands or new brands and marks, regardless of whether the new brand or new brand or mark is awarded. Existing law sets forth the process by which brands and marks may be rerecorded. Existing law requires any owner of a brand or brand and mark or marks of record to, at the end of each 4-year period after January 1, 1976, to rerecord the brand or brand and mark or marks. If an owner of any brands or brands and marks has not applied to rerecord the brands or brands and marks by January 1 of any 4-year period, the brands or brands and marks are deemed abandoned and no longer of legal record. (NRS 564.120) Section 2 of this bill changes the 4-year periods to 5-year periods beginning on January 1, 2023. Existing law requires an application for the rerecording of brands and marks to be made in writing and accompanied by any rerecording fee established by the Department. (NRS 564.120) Section 2 requires an application to be: (1) submitted electronically through the Internet website of the Department or in writing on a form provided by the Department; and (2) accompanied by a rerecording fee of $200. Existing law requires the Department to notify every owner of a brand or brand and mark or marks of legal record of the owner's right to rerecord the brand or brand and mark or marks by a certain time. Existing law requires the notice to be in writing and sent by mail to each such owner at the owner's last address of record. (NRS 564.120) Section 2 requires, at the discretion of the Department unless otherwise requested by an owner, the notice to be sent by electronic mail to each such owner or to be sent in writing by mail to each such owner to the owner's last electronic mail address or address of record, as applicable. Existing law requires the Department to furnish the legal owners of any brand or brand and mark or marks rerecorded with a certificate setting forth the fact of the rerecordation. (NRS 564.120) Section 2 requires the Department to furnish an electronic copy of such a certificate to the legal owner of the brand or brand and mark or marks.

Statutes affected:
As Introduced: 564.080, 564.120
Reprint 1: 564.040, 564.080, 564.120
As Enrolled: 564.040, 564.080, 564.120