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, 1976, and at the end of each 4-year period thereafter, apply to the Department for the rerecording of the brand or brand and mark or marks.

2. The application must be made in writing and accompanied by any rerecording fee established by the Department in accordance with the provisions of NRS 564.080.

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, 1976, and January 1 at the end of each 4-year period thereafter, of the owner’s right to rerecord the brand or brand and mark or marks as provided in this section. The notice must be in writing and sent by mail to each such owner at the owner’s last address of record in the office of the Department. The notice is complete at the expiration of 60 days after the date of its mailing 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, 1976, or by January 1 of any 4-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 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.

[13:26:1923; A 1925, 22; NCL § 3802] — (NRS A 1961, 538; 1975, 355; 1993, 1738; 1999, 3675)