However, in some states, registration is perpetual and some states require no registration. State registration affords no protection beyond the boundaries of the state of registration, but there are reasons for state registration. If it is impossible to obtain a federal registration for such reasons as failure to meet the interstate commerce requirement or because the mark has been held to be unregistrable, then there as benefits to state registration. State registration creates at least a limited public record of the mark and permits the registrant to indicate that the mark is registered. State registration is relatively simple, inexpensive and fast when compared to federal registration.
Some states have criminal penalties for counterfeiting marks.
B. North Carolina Trademark Registration Act Sec. The trademark statute became effective in 1968 as a result of the adoption by the Legislature of the Model Statute Trademark Bill promulgated by the United States Trademark Association. It was amended fairly substantially in 1991. Use is defined in 80-1. When it is placed in any manner on the goods or their containers or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the state, or b.