Nevada § 564.110 - Brands and marks subject to transfer; recording of instruments transferring ownership; notice to Department of existence of security agreement, assignment or lien

§ 564.110. Brands and marks subject to transfer; recording of instruments transferring ownership; notice to Department of existence of security agreement, assignment or lien

1. Any brand or brand and mark or marks awarded and recorded and remaining of record

in accordance with the terms of this chapter, including those transferred legally

as provided in this section, are the property of the person to whom they stand of

record as provided in this chapter and are subject to sale, assignment, transfer,

security agreement or lien, devise and descent the same as other personal property. 2. Instruments of writing evidencing the sale, assignment, transfer, security agreement,

lien, devise or descent must be in that form, as to text, signatures, witnesses, acknowledgments

or certifications, required by statutes, in the case of the kind of instrument concerned,

but the Department may secure such competent legal advice or rulings, and require

such supporting evidence as it deems necessary, as to such instruments of writing,

being in fact, authentic and in legal form, before approving and recording those instruments

of writing as provided in this chapter. 3. Instruments in writing evidencing the transfer of ownership of any brand or brand

and mark or marks must, after approval, be recorded in the office of the Department

in a book to be provided for that purpose, and are not legally binding until so approved

by the Department and recorded. In addition to any other format, the Department shall prepare and maintain the book

required by this subsection in an electronic format. The Department may include, in any fee collected by the Department for the recording

of the instruments pursuant to NRS 564.080 , any costs incurred by the Department in preparing and maintaining the book in an

electronic format pursuant to this subsection. 4. The recording of those instruments has the same force and effect as to third parties

as the recording of instruments affecting the sale, assignment, transfer, devise or

descent of other personal property. The original, or a certified copy of any such instrument, may be introduced in evidence

in the same manner as is provided for similar instruments affecting personal property,

and the record of the instrument or instruments of transfer, or the transcript thereof

certified by the custodian of the record, may be read in evidence without further

proof. 5. If any brand or brand and mark or marks of record, in accordance with the provisions

of this chapter, becomes the subject of, or is included in, any security agreement,

provisional assignment or legal lien, the secured party, provisional assignee or lienholder

may notify the Department in writing as to the existence and conditions of the security

agreement, provisional assignment or lien. After the receipt of the written notice, the Department shall not transfer the brand

or brand and mark or marks, other than to the secured party, provisional assignee

or lienholder until there is filed with the Department satisfactory legal evidence

that the security agreement, provisional assignment or lien has been legally satisfied

and removed. 6. No transfer or change, or partial, joint or complete ownership, of any brand under

the provisions of this section: (a) Grants or recognizes any change in the method or area of its use from that authorized

at the time of recording, or subsequent thereto but before the transfer or change

of ownership; or (b) Waives or modifies the rerecording requirements set forth in NRS 564.120 .