COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA NORTH CAROLINA DEPARTMENT OF THE SECRETARY OF STATE -against: : : Registering a Trademark or a Service Mark in North Carolina Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Elaine F. Marshall Secretary of State TRADEMARK SECTION Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : A Message from Plaintiff(s) The Secretary of State of North Carolina Calendar No. : JUDICIAL SUBPOENA -against: Each year, thousands of North Carolina businesses market their goods and services using readily identifiable corporate logos. A good logo, : in fact, can be a powerful marketing tool to help lead consumers to your doorstep when they need your products or services. That: is why it is so important to protect your company’s logo – and its marketing image – Defendant(s) through our trademark and service mark program. : ...................................................... The North Carolina Department of the Secretary of State is working to make North Carolina a world leader in trademark and service mark regulation. Our state trademark and service mark laws have changed dramatically in recent years, THE PEOPLE OF THE STATE OF NEW YORK making it easier for businesses to register their marks. At the same time, the new laws bring North Carolina into close conformity with federal trademark and service mark regulations. If you intend to TO expand distribution of your products or services on a national or international scale, our trademark and service mark laws help make North Carolina a great home base for your company. This manual should give you much of the information you will need to obtain trademark or GREETINGS: mark registration for your business logo in North Carolina. While the manual is written in service clear, easy-to-understand language, we encourage you to seek competent legal counsel of your own WE COMMANDat all uncertain business and excusestrademark and service and each of you attend before choice if you are YOU, that all about the process of being laid aside, you mark registration. Our , the Honorable Court Trademark Section experts can help guideat thethrough the registration process. While our staff you County ofcannot provide you withlocated at legal advice, you can call them at 919-807-2162 with non-legal questions in room about the, mark registration of on the day process. , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Trademark and service mark registration is a serious subject. It can also be a complicated process to complete. We have tried to provide you with a how-to manual which uses humor and straightforward language to make the mark registration process less intimidating and more Your failure to comply with this subpoena is punishable as officer. We of courtreached at: understandable to the average business owner or corporate a contempt can be and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Trademark Section NC Department of the Secretary of State Witness, Honorable Box 29622 , one of the Justices of the PO Court in County, Raleigh,day of NC 27626-0622 , 20 919-807-2162 phone E-mail: trademark@sosnc.com 919-807-2215 fax (Attorney must sign above and type name below) www.sosnc.com Attorney(s) for Welcome to North Carolina’s business community. Please remember that the N.C. Department of the Secretary of State is here to help you. We’re your advocate in state government and we look forward to working with you! Office and P.O. Address Elaine F. No.: TelephoneMarshall, Secretary of State Facsimile No.: E-Mail Address: Registering a Trademark or Service MarkMobile Carolina in North Tel. No.: i American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Index No. : Table of Contents Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : A Message from N.C. Secretary of State Elaine :F. Marshall ...................................... i Why do I need a Service Mark or Trademark?........................................................... 1 : How do I register a mark?........................................................................................... 2 Defendant(s) : . . . . . . . . . . . . What . . . .these .“specimens”. I. must. file . . . . .my. registration form? .......................... 4 . . . . . are . . . . . . . . . . . . . . . . . . . . . with . . What cannot be registered as a service or trademark? ................................................ 4 Do I have to register my mark with the federal government? .................................... 6 THE PEOPLE OF THE STATE OF NEW YORK What if I want to copywrite it? ................................................................................... 7 TO What is a tradename? .................................................................................................. 8 What happens after I apply for mark registration? ..................................................... 8 What is the examination process?............................................................................... 9 GREETINGS: What happens after my application is approved? ..................................................... 10 WE COMMAND YOU, that all businessit to excuses being laid aside, you and each of you attend before Once I register a mark, can I sell and someone else?............................................... 10 , the Honorable at the Court What might causelocated lose my mark registration? ................................................ 11 me to at County of in room , do I day of , my , at o'clock in the noon, and at any Howon thefind the classification for20 particular product/service?......................... 11 recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Is there any way I can get into legal trouble with my mark? .................................... 12 What else do I need to know in order to register my mark? ..................................... 13 Your Appendixcomply with this subpoena is punishable as a contempt of court and will make you liable to failure to A the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Classification result of your failure to comply. of Goods and Services for Mark Registration.............................. 13 Goods ................................................................................................ 15 Witness, Honorable , one of the Justices of the Services ............................................................................................. 18 Court in County, day of , 20 Appendix B Chapter 80, North Carolina’s Trademark Registration Act ................................ 21 Appendix C (Attorney must sign above and type name below) Trademarks and Service Marks Schedule of Fees .............................................. 29 Appendix D Attorney(s) for Trademark/Service Mark Registration & Renewal Form With Instructions................................................................................................. 31 Office and P.O. Address This document was produced by the Publications Division of the North Carolina Department of the Secretary of State Telephone No.: Facsimile No.: June ___ 2006 E-Mail Address: Registering a Trademark or Service Mark MobileCarolina in North Tel. No.: ii American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Court in Witness, Honorable County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com UNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA -againstWhy do I need a trademark or: a service mark? : You want to make it as easy as possible for your customers to find you. You also want to make it as easy as possible for them to remember you the next time they need : the particular product or service you provide. Fifty years ago, people didn’t have much choice when it came to purchasing consumer goods and services. They shopped at the Defendant(s) : . . . . . . . . . . . . . . . . . .corner .market, . . . . . . .gasoline . . . . tires at the filling station down the street and . . . . . . . . . . . bought . . . . . . . and . . deposited each week’s paycheck in the bank on Main Street. Today, we have a staggering array of choice when it comes to purchasing goods and services. Thanks to the automobile, television, telephone, and personal computer, we are no longer limited PEOPLE OF THE STATE OF NEW YORK to a small geographic area around our home when it comes to buying what we need or want. The flip side of this new consumer freedom, however, is that businesses have to work much harder to attract and keep customers. One of the most powerful tools available to your business when it comes to winning the marketing battle is your ETINGS: company’s name and logo. They make your business stand out from all its WE COMMAND YOU, that all business and excuses being laid aside, you and each of youaattend before competitors, cutting through the confusion of a busy marketplace like beacon of light Honorable at the Court on a dark, moonless night. The concept of brand marketing, which concentrates on , located at nty of image isn’t everything, of course. You still have to provide a product that is as good as om , on the – or betterof day than – what your competitors can offer. thememorable and atcombined with , 20 , at o'clock in A noon, logo any recessed journed date, to testify and give evidence or service can make a bigon the part of thevery competitive a superior product as a witness in this action difference in a marketplace. Given this subpoena is punishable as a contempt and logo, you probably want to Your failure to comply withthe importance of your company’s name of court and will make you liable to make sure no one else can use maximum penalty of $50 as a all damagesor service mark arty on whose behalf this subpoena was issued for a them. Registering them and trademark sustained as a will help provide that legal protection. A trademark protects the marketing image of t of your failure to comply. t in the goods you or your company produce. A service mark protects the marketing image of the services you or your company provide to ,the generalJustices of the types of mark public. Both Witness, Honorable one of the offer the same degree of legal protection. County, day of , 20 The good news – it is not all that difficult or expensive to register a trademark of service mark in North Carolina. The Department of the Secretary of State provides a (Attorney simply fill and type name correctly and registration form that is user-friendly. Youmust sign aboveout the formbelow) submit it with three (3) original examples of your mark along with a $75 nonrefundable application processing fee for initial registration. We will process your application for mark registration and stay in contact with you through the registration Attorney(s) for process. Mark registration is a legally powerful way to protect your company’s marketing image. Remember – you worked long and hard to develop a product or service that can hold its own in a competitive marketplace. Can you really afford not to protect the marketing image that Office and you product or service to your identifies P.O. Address customers? 1 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COURT COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Index No. : How do I register a mark? Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA The first step is the simplest of all – by statute you should use the trademark or -against: service mark you want before you register it with the N. C. Department of the Secretary of State. There is no prescribed length of time that the mark must be used in : North Carolina before you can register it. You will, however, have to prove that you are currently using the mark before you will be: allowed to register it with the Trademark Section. Defendant(s) : . . . . . . . . . . . . . . . . .Second,. make. sure on. one .else . . . .already .registered the mark you intend to use. . . . . . . . . . . . . . . . . . . . . . . has . . . . . . You can contact the Trademark Section to find out whether your mark has already been registered by someone else. However, the Trademark Section cannot guarantee or reserve a registration. Registration is subject to a complete review of the application THE PEOPLE OF THE STATE OF NEW YORK and supporting documentation. TO Third, you must file a complete, correct Application for Trademark or Service Mark Registration/Renewal along with three (3) original specimens of the mark you are registering and the $75 mark registration fee. You do not necessarily have to have GREETINGS: an attorney file your application, but we strongly encourage you to seek competent legal counsel of your own choice if you have any questions or concerns about WE COMMAND YOU,mark. Please beand excuses out the Application for Trademark or registering your that all business sure to fill being laid aside, you and each of you attend before , the Honorable Service Mark Registration/Renewal completely and correctly. You will need to at the Court located at County of provide the following information for an initial mark registration: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 1. Applicant Name and Address North Carolina law allows individuals, firms, partnerships, corporations, associations, unions and other organizations to hold trademarks and service marks. If filing for mark registration as a corporation, you must name the state in which your Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to business this subpoena and sign statement stating that of $50 and all damages sustained as a the party on whose behalfis incorporatedwas issuedafor a maximum penalty your corporation is in good standing with result of your failure to comply.that state. In addition to providing a mailing address, you will need to provide the business entity name and North Carolina street address. Witness, Honorable , one of the Justices of the When filing for a trademark, you should list the address of your principal place of Court in County, day of , 20 business in North Carolina. You must also, when filing for a trademark registration, list the address of the place in North Carolina where the goods covered by your trademark are sold or used. If you are applying for a service mark registration, you (Attorney must sign above and type name below) must list the physical location in North Carolina where the services covered by the mark are provided or offered. Remember – you can hold the mark individually or your company may hold it, but Attorney(s) for not both together. Ask yourself whom you want to control the mark and who will control the actual products or services covered by the mark. The answers to these questions should help guide you in deciding whom the applicant will be. Office and P.O. Address 2. Describe Your Mark You must provide a concise, accurate written description of your mark, including all words or graphic design. You must describe the mark as if the Trademark Section Telephone No.: Facsimile No.: E-Mail Address: Registering a Trademark or Service Mark in North Carolina Mobile Tel. No.: 2 American LegalNet, Inc. www.FormsWorkflow.com UNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) Specialist who processes your application cannot actually see a copy of your mark. You may not write “See Attached” in reference to any specimens of the mark you -against: submit with your application. You may, however, start your description in the blank : provided on the form and continue it on a second piece of paper if the space on the form is too small to hold a complete and accurate description of the mark. Remember : – you must provide three (3) original specimens of your mark along with the application. Your mark description on the application form must match the mark as it Defendant(s) : . . . . . . . . . . . . . . . . . appears.on .your. three .specimens. . If. your description of the mark on the application ...... .. ... .... ......... . .. form does not match the specimens, your application will be denied. 3. Describe The Specific Goods or Services The Mark Will Cover E PEOPLE OF THE STATE OFagain, you should provide a concise, accurate description of the goods or Once NEW YORK services, which the requested mark will cover. Please be precise! Instead of writing “clothing” or “restaurant” in the space provided on the form for product or service description, write “children’s sleepwear” or “family-style chicken and pork barbecue restaurant.” North Carolina’s trademark law authorizes the N.C. Department of the Secretary of State to establish a system of product and service classifications for mark EETINGS: registration. These classification schemes are included for reference in Appendix A of this manual. If you cannot decide which classification best fits your business, contact WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before the Trademark Section for the , Honorable at assistance. Once you know where your business falls Court within the classifications, you must list that class and its title on your application form. located at nty of oom , on the day of , 20 , at o'clock in the noon, and at any recessed 4. First Use Anywhere and First Use in North Carolina djourned date, to testify and give evidence as a witness in this action on the part of the The date of first use anywhere and the date of first use in North Carolina may be two entirely separate dates, particularly if your business is already national or regional in scope. You should provide the first date (month/year) the mark was used by anyone, Your failure to comply with thisany predecessors you may have had in your business make you liable to including you, subpoena is punishable as a contempt of court and will or someone else party on whose behalf this originally was issued for a maximum penalty of $50 and all damages sustained as a who subpoena established control over the mark. lt of your failure to comply. 5. State That You Own The Mark Witness, HonorableYou must sign your application if you are applying for a mark as an individual or , one of the Justices of the rt in County, proprietor. If you are not20 day of , applying as an individual or sole proprietor, the sole application must be signed by a partner, manager of limited liability company, or a corporate officer who has legal authorization to sign the application on behalf of the applicant. If your application is signed by amust sign above and type name below) of attorney (Attorney person acting under a power from the applicant, an original power of attorney or certified copy of the original power of attorney must be submitted with the application. Attorney(s) for Please Note: Your application must be properly verified by a notary public. The notary must properly execute the verification and affix his or her seal in the space provided. Please make sure that all spaces in the verification have been filled in. Office and P.O. Address 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) What are these “specimens” that I must file with my form? -againstIt is extremely important that you provide the :Trademark Section with three (3) original specimens of your mark as it is actually used when you file an Application for : Trademark or Service Mark Registration/Renewal. “Original” means one of two things: 1) either it is a sample of your product with the mark on it or 2) it is a photograph of the mark on one of your products. :If you are using the mark for a brand of hats, for instance, you can send us three of the hats with the trademark on them or Defendant(s) : . . . . . . . . . . . .the .packaging .in. which .they.are. sold. . Be. reasonable about sending three samples of .. ........ . ..... ... .. .... .. ....... your product with the mark on them. If your are using your trademark for a line of pianos, you should probably just send us three original and separate photographs of the trademark as it is affixed to your pianos or their packaging – the mark needs to be THE PEOPLE OF THE STATE OF NEW YORK really have room to store three pianos and we are clearly visible. After all, we do not pretty sure you do not want to pay for the stamps to mail them to us. Original TO specimens of service marks include samples of marketing material used to promote the specific service or original letterhead, business cards, invoices or envelopes containing the mark as it is used to promote your specific services. The important point to keep in mind – the two forms of “original specimens” as WE outlined above are the only two types we can legally laid aside, you and each of you attend before COMMAND YOU, that all business and excuses being accept. We cannot accept a photocopy of your original photographs, blueprint drawings of your product, faxes of , the Honorable at the Court your original photographs,at located crayon renderings by your three year-old or any of the County of many on the or less second-hand methods of, providingo'clock inathe us with specimen. If and at any recessed in room , more day of , 20 at noon, it is not a sampletestify and give evidence asmark on it in this original photograph, we will have to of your product with the a witness or an action on the part of the or adjourned date, to reject your application for registration. As you have probably guessed by now, this particular requirement is a major stumbling block for many individuals and businesses whose applications for trademarks or service marks would otherwise be approved. GREETINGS: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a What cannot be registered as a trademark or service mark? result of your failure to comply. Your application for trademark or service mark registration will be immediately rejected if your mark: Witness, Honorable Court in County, , one of the Justices of the day of , 20 1. Consists of or compromises immoral, deceptive or scandalous material: The Secretary of State’s Office reserves the right to decide what constitutes (Attorney must sign of mark registration. immoral, deceptive or scandalous material for the purposesabove and type name below) 2. Consists of or comprises matter which may disparage or falsely suggest a connection with persons living or dead, institutions, beliefs, or national symbols, or Attorney(s) for bring them into contempt, or disrepute: If you think your mark may disparage or suggest a connection with a living or dead person, institution, belief, national symbol or would tend to bring one of them into Office and P.O. Address contempt or disrepute, you may want to consult with competent legal counsel of your own choice before proceeding to use the mark or filing for mark protection with the North Carolina Department of the Secretary of State. Telephone No.: Facsimile No.: E-Mail Address: Registering a Trademark or Service Mark in Mobile Tel. No.: North Carolina 4 American LegalNet, Inc. www.FormsWorkflow.com COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ .. : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) 3. Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality,: or of any foreign nation, or any simulation -againstthereof: : This clause simply means that you should beware of trying to register any : trademark that consists of, for the most part, identifiable national symbols like: the U.S. flag; foreign, state or municipal symbols; or official North Carolina symbols Defendant(s) : . . . . . . . . . . . . . . . . . . . . .such. as. the . . . . . Hound. – .our. state .dog. . . . . . . . Plott . . . . . . . . . . . . . . 4. Consists of or comprises the name, signature or portrait of any living individual, except with his/her written consent: THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: Any trademark or service you try to register that falls under this clause will be very closely scrutinized by our staff. The burden of proof of the consent of the individual used in the mark will fall on you. You might want to provide a notarized statement from the individual to evidence consent to the use of his or her name, signature or portrait in the mark, along with a daytime telephone number where we can reach that individual. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before 5. Consists of a mark which, when applied to the goods or services of the applicant, is , he Honorable at the Court merely descriptive of them or merely describes one or more of the characteristics or located at County of is deceptively misdescriptive of them or falsely describes the nature, function, n room , on the day of , 20 , at o'clock in the noon, and at any recessed capacity or characteristics of them: r adjourned date, to testify and give evidence as a witness in this action on the part of the If, for example, you are trying to obtain trademark protection for your grandmother’s chili recipe, which you want to mass produce and sell throughout Your failure to comply with this subpoena is punishable as a contempther court and will makethe liable to North Carolina, and Grandma will not let you use of name and face on you he party on whose behalf packaging, you will have for come up with a trademark that is not simply a this subpoena was issued to a maximum penalty of $50 and all damages sustained as a esult of your failure to comply. description of the chili. You would have difficulty getting a trademark for “Red Chili” or “Hot, Red Chili” because those proposed trademarks simply describe the color Witness, Honorable or spiciness of Grandma’s chili. You would definitely not receive trademark , one of the Justices of the protection forof “Purple, Bland20 Chili” because it is an outright deceptive description Court in County, day , of what is in the can, which is, in fact, red and spicy. 6. Consists of a mark which, when applied to must goods or and type name below) the sign above services of the applicant, is (Attorney primarily geographically descriptive or deceptively misdescriptive of them: Grandma may be a proud native of the Tar Heel State, but that does not mean you Attorney(s) for can name your chili “North Carolina Chili.” You can use a geographical description in your mark, but it cannot be the primary aspect of the mark. “Grandma’s Original Spicy North Carolina Chili” might come closer to being registered because it is not a trademark which shows primary element is the Office and P.O. Address geographical description “North Carolina.” On the other hand, we will deny your trademark registration application if you use a geographically deceptive description in your mark. “Grandma’s Original Spicy Norwegian Chili,” for instance would probably be rejected for mark registration since it is misdescriptive. Telephone No.: 5 Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA 7. Consists of a mark which is primarily merely a surname: -against: There is a loophole in this clause that may affect your application for mark : registration. If your surname has become distinctive of goods or services your : business provides, you may be able to register that surname as a mark for those goods and services. You will have to provide us with proof that the surname has Defendant(s) : . . . . . . . . . . . . . . . . been .used. consistently.for .at.least. five. (5). years for the goods and services covered .... ... .......... .. . ... ... .. .. by the mark. 8. Consists of or comprises a mark which so resembles a mark already registered in THE PEOPLE OF THE state or a mark or YORK this STATE OF NEW trade name previously used in this state by another entity and not abandoned: TO GREETINGS: Imitation is not the sincerest form of flattery when it comes to trademarks and service marks. The general rule of thumb is that if your proposed trademark or service mark so closely resembles another mark already registered or in use in North Carolina that it creates confusion or deceives consumers, we will not register it. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Do I have to register my mark with the federal government? located at County of in room , The only thing we can really tell you on this subject is that you donoon, and at any recessed on the day of , 20 , at o'clock in the not need federal or adjourned date, to testify and your evidence order to obtainthis action on the part of the Carolina. On registration for give mark in as a witness in mark registration in North the other hand, registering for mark protection with the Trademark Section of the North Carolina Department of the Secretary of State does not obligate you to also file for mark protection with the federal government. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a This office result of your failure to comply.does reserve the right to require you to tell us whether you or your company has ever tried to register the whole mark or parts thereof with the U.S. Patent and Trademark Office (USPTO). If we do ask you whether you have ever sought Witness, Honorable , one of the Justices of the federal protection for your mark, you will have to provide us with the filing date of that Court in County, 20 federal application, day serial number ,of the application and the current status of the the of federal application. If the federal application was denied or otherwise not approved for registration, you must disclose the reasons as supplied by the USPTO. (Attorney must sign above and type name below) Federal mark protection may be a good idea if you intend to expand your business beyond North Carolina’s geographic borders. It may be a good idea to seek federal mark protection if you are using the Internet to market your business. In either case, Attorney(s) for we recommend you seek competent legal counsel of your own choice for advice. Here are a few places where you can obtain information about federal trademark registration: Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina 6 American LegalNet, Inc. www.FormsWorkflow.com COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ .. : Index No. : Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA U.S. Patent and Trademark Office -against: 1-800-786-9199 TrademarkAssistanceCenter@uspto.gov : http://www.uspto.gov : This is, without a doubt, the most comprehensive site on the World Wide Web when it comes to information about trademarks and service marks at the federal level. Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . of .the .department’s. forms .can. be .downloaded from its website. You can also file Most . . . . . . . . . . . . . . . . . . . . . . . . . a trademark or service mark application online. The USPTO database is thoroughly searchable using the Internet. If you cannot find the answer to your question on the website, OF NEW YORK THE PEOPLE OF THE STATEuse the telephone number list above or the e-mail address. Remember – The USPTO does not have the resources to deal with large numbers of e-mail inquires, so be patient if you send an e-mail inquiry. TO North Carolina State University D. H. Hill Library GREETINGS: 919-515-2935 http://www.lib.ncsu.edu/ptdl/ WE COMMAND YOU, H. Hill business on the N.C. being Universityyou and each of you attend before The D. that all Library and excuses State laid aside, campus in Raleigh serves as , he Honorable at the Court one of North Carolina’s official repositories for federal documents issued since 1976. located at County of The library participates in the USPTO’s Patent & Trademark Depository Library n room , on the day of , 20 , at o'clock in the (PTDL) program. It has updated copies of the USPTO’s Cassisnoon, and at trademark patent and any recessed r adjourned date, to testify and give evidence as a witness in this action on the part of the search software on CD ROM. You cannot conduct searches on-line. If you decide to use the NCSU repository, we strongly recommend that you call the library in advance to find out when it is open and what rules currently are for using the library, copy charges and staff assistance, etc. Keep in mind that the trademark will make be liable Your failure to comply with this subpoena is punishable as a contempt of court and search canyou very to frustrating for someone not for a maximum USPTO’s classification system. Once he party on whose behalf this subpoena was issuedfamiliar with thepenalty of $50 and all damages sustained as a esult of your failure to comply. might want to seek competent legal counsel of your own choice to perform again, you this work. Witness, Honorable What Court in County, if , one of the Justices of the I want to copyright it? day of , 20 North Carolina does not currently offer statewide protection for intellectual property above and beyond what’s already provided on the federal level by U.S. copyright laws. The U.S. Copyright Office’s website is very comprehensive and (Attorney must sign above and type name below) includes detailed information about copyright protection in many other nations. Like the U. S. Patent and Trademark Office’s web site, this website provides most of it forms in downloadable file formats. Attorney(s) for U.S. Copyright Office: Library of Congress http://www.copyright.gov/ U.S. Copyright Office 101 Independence Ave. S.E. Washington, D.C. 20559-6000 (202) 707-3000 public information 7 Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Index No. : What is a trade name?Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA : A trade-against- not the same thing as a trademark in North Carolina. Trade names, name is also known as fictitious names or assumed names, are used here for businesses that are : not formally incorporated but need some kind of name to conduct business. Trade names are filed with the Register of Deeds in the county where the business is : operating under N.C.G.S. §66-68. Trade names offer no legal protection for a business’s marketing images and symbols and the N.C. Secretary of State does not Defendant(s) : . . . . . . . . . . . . . keep .records of .trade . . . . . . registered. in . . . .state’s 100 counties. . . . . . . . . . . . . . . . . names . . . . . . . . . . the . . What STATE OF NEW YORK THE PEOPLE OF THE happens after I apply for a mark registration? What won’t happen is an immediate registration of your application. You will be notified within a few weeks of receipt of the registration. However, it often takes several weeks of research by our staff before we can either grant or deny an application for mark registration. During the research and review period, we may need further information from you about the mark. Please be as prompt as possible in responding to GREETINGS: these requests because doing so will help us process your application more swiftly. TO WE COMMAND YOU, ask youbusiness and parts of being mark we believe toeach of you attend before We may also that all to disclaim excuses your laid aside, you and be , the Honorable Court unregisterable. We may also ask at the amend your application or resubmit your you to located at County of original application. If our staff determines that your mark is not entitled to a in room , on the , 20 , noon, and at registration, we day required by law to tell at why o'clock in the are of you your application was rejected.any recessed We or adjourned date, to testify and give evidence as a witness in this action on the part of the are also required by law to provide you with a reasonable amount of time to respond to the rejection and amend the application. In that case, we will re-examine your amended application after you have responded to our reasons for rejecting the initial application. If with this subpoena to our rejection contempt of an appropriately Your failure to complyyou do not respond is punishable as aor re-submit court and will make you liable to amended this subpoena was issued for a maximum penalty of $50 and all will officially the party on whose behalfapplication within the time specified on the rejection letter, we damages sustained as a result of your failure to comply. list your application for mark registration as abandoned. One problem that often renders marks unregisterable occurs when marks of the Witness, Honorable , one of the Justices for the same or related goods and services are 20 similar in design and appearance that they so Court in County, day of , would tend to confuse consumers. Whenever more than one application seeking registration of the same or confusingly similar marks for the same or related goods or services and processes those applications concurrently, the Secretary shall grant (Attorney must sign above and type name below) priority to the applications in order of filing. If you are unable to meet the statutory requirements for mark registration as interpreted by our staff, you may still be able Attorney(s) for registered. North to get your mark Carolina law allows you to seek a writ of mandamus, a court order compelling the N.C. Department of the Secretary of State to register your mark. The writ may be granted without costs to our department once you have provided proof to the court that all the statements in your application are true and your mark is P.O. Address Office and entitled to registration. We encourage you to seek competent legal counsel of your own choice if you feel that our final denial of mark registration was made in error. Telephone No.: Facsimile No.: E-Mail Address: Registering a Trademark or Service Mark MobileCarolina in North Tel. No.: 8 American LegalNet, Inc. www.FormsWorkflow.com : : Plaintiff(s) Index No. Calendar No. : JUDICIAL SUBPOENA What is the examination process?: -against: Upon filing an application for registration and payment of the application fee, the Secretary of State may cause the application to be examined for conformity with : Article 80 of the North Carolina General Statutes. Defendant(s) : . . . . . . . . . . . . . . . . . . . . .The . . . . . . . . .must provide any.additional relevant information requested by the . . . applicant . . . . . . . . . . . . . . . . . . . Secretary of State, including a description of a design mark, and may make, or authorize the Secretary of State to make, any amendments to the application reasonably requested by the Secretary of State or deemed by the applicant to be advisable to THE PEOPLE OF THE STATE OFrejection or objection. respond to a NEW YORK TO The Secretary of State may require the applicant to disclaim an unregisterable component of a mark otherwise registerable, and an applicant may voluntarily disclaim a component of a mark requested to be registered. No disclaimer shall prejudice or affect the applicant’s or registrant’s rights then existing or thereafter arising in the GREETINGS: disclaimed matter, or the applicant’s or registrant’s rights of registration on another application if the business and excuses being laid of the applicant’s of you attend WE COMMAND YOU, that alldisclaimed matter is distinctive aside, you and eachor registrant’sbefore goods or services. , he Honorable at the Court located at County of n room , on the The Secretary may (i) amend theat day of , 20 , application submitted by the applicant, if the o'clock in the noon, and at any recessed applicant give evidence(ii) a witness in thisapplication bepart of the consents, or as require a new action on the submitted. r adjourned date, to testify and If the Secretary of State finds that the applicant is not entitled to registration, the Secretary of State shall advise the applicant of the reasons the applicant is not entitled Your failure to comply with this subpoena is shall have a reasonable period ofand will make you liable to to registration. The applicant punishable as a contempt of court time, specified by the he party on whose behalf this subpoena waswhich to reply or to amend theof $50 and all If the applicant Secretary of State, in issued for a maximum penalty application. damages sustained as a esult of your failure to comply. amends the application, the Secretary shall reexamine the application. This replies and procedure may be repeated until (i) the Secretary finally refuses registration of the Witness, Honorable (ii) the applicant fails to reply or to amend, the application within the specified one of the Justices of the mark, or Court in County, If theday of 20 period. applicant fails to ,reply or to amend the application, the application shall be deemed to have been abandoned. Should the applicant still desire to register the Trademark of Service Mark in North Carolina after abandonment, a new application and fee is required. (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 9 Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. : JUDICIAL SUBPOENA What happens after myPlaintiff(s) application is approved? : We will -against- a Certificate of Mark Registration suitable for framing. After all, send you you worked hard to get this mark registered! Your Certificate of Mark Registration is : legal proof that the mark described on the certificate was registered in our office. Your original certification is good for ten (10) years after the date is it granted. If you plan : to renew your mark, you should file an application for renewal with the Trademark Section within six (6) monthsDefendant(s) of the expiration date of the certification. A renewal : . . . . . . . . . . . . requires . . . .renewal .application,. the . . . . . . . . . . . renewal fee is $35, and three (3) . . . . . . . the . . . . . . . . . . . . . . . . . . non-refundable original specimens of the mark as it is used. At the five (5) year mark, North Carolina law requires that you submit an affidavit THE PEOPLE– a signed statement NEW YORK the mark is still in active use along with an original OF THE STATE OF verifying that specimen of the mark still being used. You must do this within six months following the fifth anniversary of the date on which your mark was originally granted or renewed. If you do not provide the specimen and signed affidavit, we are required by law to cancel your mark’s registration. We are also required by law to notify you in GREETINGS: writing in advance of the deadline for the five-year verification of your original mark approval and the ten-year renewal. We will mail notification to the registrant at his or her last known address, so please and excuses being laid aside, you and address WE COMMAND YOU, that all businessnotify us in writing in the event your each of you attend before , the Honorable changes. at the Court TO located at County of In summary, what is required after ,the application is approved? in room , on the day of 20 , at o'clock in the noon, and at any recessed 1. testify (5) year Affidavit as aUse, Five and give evidence of witness in this action on the part of the or adjourned date, to 2. Ten (10) year Renewal Application, and 3. Send in a written change of address when applicable. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Once I register a mark, can I sell it to someone else? the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Yes, you can. result of your failure to comply. Transferring the right to use a mark to another person or business entity is called an assignment. Regardless of whether or not you receive any financial payment for assigning your mark to someone else, the transaction willJustices of the Witness, Honorable , one of the have to be recorded in writing. We also very strongly recommend that people purchasing Court in County, day of , 20 registered marks, assignees, request that the transaction be recorded with the Trademark Section. The fee for a Certificate of Assignment of the mark is $25. After filing the assignment, the Trademark(Attorney must sign above and type name below) Section will issue a certificate evidencing assignment to the assignee. The certificate will be valid for the remainder of the current term of registration. If you are the assignee of a registered mark, you can Attorney(s) for only protect your exclusive right to use that mark by filing for a Certificate of Assignment. We strongly recommend that, if you have any questions or concerns about your particular mark assignment, you retain competent legal counsel of your own choice to help guard your ownership interests in your mark. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina 10 American LegalNet, Inc. www.FormsWorkflow.com ..................................................... : : Index No. Calendar No. : JUDICIAL SUBPOENA What might cause me to lose my mark registration? -against: Plaintiff(s) We can – and will – cancel the registration for your mark if: : 1. You or your assignee requests in writing that we cancel the mark registration. : 2. Your registration is not renewed on time. Defendant(s) : ..................................................... 3. A court finds that your mark has been abandoned or, for some reason, can no longer serve as your mark or the mark registration was granted improperly or obtained fraudulently. Court findings that the registrant was not the actual owner THE PEOPLE OF THE STATE OF NEWthat the registered mark is or has become the generic name for the of the mark or YORK goods and services for which it has been registered will also lead to cancellation of TO registration. GREETINGS: 4. A court finds that your mark registration was obtained using materially false statements in the mark registration application. 5. A court finds that your registered mark is so similar to another mark already in use WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before in North Carolina and registered with the U.S. Patent and Trademark Office that it , he Honorable at the Court would likely confuse or deceive consumers. located at County of n room , on the day of , 20 , at o'clock in the noon, and at any recessed 6. You do not comply with our requirements for the five-year use affidavit. r adjourned date, to testify and give evidence as a witness in this action on the part of the 7. A court orders us to cancel your mark registration. We cannot anticipate all of the legal reasons why a court with jurisdiction over trademark or service mark matters might order a subpoena is punishable can tell you of we and will make you liable Your failure to comply with thismark cancellation. We as a contemptthatcourtare obligated, under stateto he party on whose behalf law, subpoena was issued for a orders. If penalty of any reason to suspectsustained as a this to obey any such judicial maximum you have $50 and all damages that a court esult of your failure to comply. order us to cancel your mark registration, we recommend that you seek might competent legal counsel of your own choice before applying for mark registration. Court in Witness, Honorable County, , one of the Justices of the day of , 20 How do I find the classification for my particular product or service? We have provided a list of mark classifications in Appendix A of this manual. If you do not see your particular good or service on that list orand you name not sure where (Attorney must sign above if type are below) your product or service should be classified, please contact the Trademark Section. While we try to keep the list updated with every version of this manual we release, we realize there will be times when our version of the for Attorney(s) classification categories may not match those issued by the U.S. Patent and Trademark Office. (We have the statutory authority to keep our classification scheme in harmony with the USPTO’s, but we are not required to do so.) Office and P.O. item before filing your We urge you to do your research on this particular Address application for mark registration. A separate application and registration fee is required for each classification category in which you try to register your mark. 11 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : Index No. Calendar No. : JUDICIAL SUBPOENA Plaintiff(s) Is there any way I can get into legal trouble with my mark? -against: There most certainly is. Before we explain the ways you can get yourself entangled in the complexities of trademark law, let us be absolutely clear about how you can usually avoid getting into hot water with :that law, either civilly or criminally – hire an attorney. If you have any concerns about registering your mark legally and : complying with the law after you relieved that registration, you should seek competent legal counsel of your own choice. The Trademark Section cannot be expected to act as Defendant(s) : . . . . . . . . . . . .your. legal .counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . ... .... ....... Here are some of the ways you can get yourself into legal trouble with the trademark laws. THE PEOPLE OF THE STATE OF NEW YORK 1. Fraudulent registration: If you make any untrue statements or claims in writing or verbally in order to obtain mark registration, you will be held liable under North Carolina law for any and all damages caused to other parties by your actions. Since trademarks and service marks often mean so much monetarily in terms of a product or service’s image, any damage award against you could be GREETINGS: substantial. Besides that, we will cancel your mark if we find out you obtained registration under business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, that allfalse pretenses. TO , the Honorable at the Court 2. Trademark located at infringement: If you use someone else’s registered mark without County of in room , ontheir consent in order to sell, 20 the day of , offer for sale or advertise your own goods and any recessed , at o'clock in the noon, and at service, you have committed trademark infringement. part of owner of the mark If the the or adjourned date, to testify and give evidence as a witness in this action on the can prove that you knew that, by copying their mark for your own goods or services, you would confuse or deceive the public, you could be at risk for substantial legal damages. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a You could also go to prison. If, as the law says, you “knowingly and willingly” result of your failure to comply. use a counterfeit mark for goods and services with a market value between $3,000 and $10,000, you could be found guilty of a Class I felony in North Carolina. If the goods Witness,services marketed with the counterfeit mark exceed $10,000of the Justices of the , one in market value, you and Honorable Court in County, 20 could be convicted ofday of H felony ,in North Carolina. You only have to have 25 a Class items bearing the counterfeit mark in your possession to create the legal presumption that you intended to sell them. Possession of any tool, machine or other device with the intent to use it to counterfeit a mark is a Class H felonysign North Carolina. below) (Attorney must in above and type name The N.C. Department of the Secretary of State takes trademark counterfeiting very seriously. State law empowers the Secretary of State to work with other agencies, Attorney(s) for local police and prosecutors to investigate counterfeit cases and, when it is appropriate, vigorously prosecute them. We understand that anyone who knowingly and willingly practices trademark infringement is not likely to be deterred by the knowledge that we can and will prosecute them. What we do hope is that you will take us seriously Office someone else’s enough to make sure that you do not ever infringe on and P.O. Addressmark, even by mistake. Once again, the best way to protect yourself lies in securing competent legal counsel of our own choice. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina 12 American LegalNet, Inc. www.FormsWorkflow.com : Index No. : Calendar No. : JUDICIAL SUBPOENA What else do I need to know in order to register my mark? -against: Plaintiff(s) First, please be patient with us. Technology upgrades are helping us process more : applications in a shorter amount of time. Trademark law, however, can be very complex and it may take some time to work out any issues surrounding your : application. Defendant(s) : . . . . . . . . . . . . . . . . . . . . .Second,. if. you .have. any .concerns .about your application for mark registration ...... . ... ... ... ....... .. being approved, please hire competent legal counsel of your own choice. We cannot act as your legal counsel and we do not want your legal rights in any way jeopardized. The cost of representation during the mark registration process my pay off for years to HE PEOPLE OF THE come. Call NEWlocal bar association or the N.C. Bar Association’s Lawyer Referral STATE OF your YORK Service at 1-800-662-7660 for assistance in selecting competent legal counsel of our O own choice. Third, pay particular attention to the description of your mark, the classification category in which you want to register you mark and the specimen requirements for your application. REETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before These three items, more the anything else, cause us to reject initial application for , e Honorable at than Court mark registration. If you have any questions about the mark registration please visit located at unty of our Questions web noon, and at any recessed room , on the website of view the Frequently Asked o'clock in the page. You may access the day and , 20 , at North Carolina Trademark Section this action on the part of the adjourned date, to testify and give evidence as a witness in website through the main page of the North Carolina Secretary of State’s Home page at www.sosnc.com. Fourth, please respect your mark and others’ marks. Trademarks and Service Your failure tomarks are very powerful marketing tools forcontempt of court and will Northyou liable to comply with this subpoena is punishable as a nearly every business in make Carolina. e party on whose behalf this sure you keep your markaregistrationpenalty of $50 and all meet the state’s as a Make subpoena was issued for maximum current and that you damages sustained ult of your failure to comply. requirements during the time you own your mark. reporting Witness, Honorable urt in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: 13 Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COUNTY . . . . . . . . . . . .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: Registering a Trademark or Service Mark in North Carolina American LegalNet, Inc. www.FormsWorkflow.com COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ .. : Index No. : Appendix A -against- Plaintiff(s) Calendar No. : JUDICIAL SUBPOENA : Classification of Goods and Services for Mark Registration : The Trademark Section of the N.C. Department of the Secretary of State currently : uses the following classification scheme in assigning mark registration. Please note that these categories are subject to change. Defendant(s) : ..................................................... North Carolina Classification of Goods 1. Raw or partly-prepared materials: Items such as animal pelts, hides, leather and imitation leather; live THE PEOPLE OF THE STATE OF NEW YORK fowl and hatching eggs; ore, clay, gravel, sand and rock; packing material for animals including insects, live forming seals or packing padding of plastic or rubber for shipping containers, hair, excelsior, etc.; plastic sheets, synthetic or natural resins; synthetic or natural rubber; seeds; straw or hay, sawdust, shavings, etc.; TO charcoal and solid fuels including logs; natural and synthetic fibers and textile filaments. 2. Receptacles: Items such as baskets, buckets, j