A person desiring to adopt a brand shall forward to the secretary a brand application on forms approved by the secretary and providing for the desired brand, together with a recording fee in an amount established by rule of the secretary pursuant to chapter 17A. The fee amount shall be based upon the administrative costs of maintaining the brand program provided for by this chapter. Upon receipt, the secretary shall file the application and fee, unless the brand is of record of another person or conflicts with or closely resembles the brand of another person. If the secretary determines that such brand is of record or conflicts with or closely resembles the brand of another person, the secretary shall not record it but shall return the facsimile and fee to the forwarding person. However, the secretary shall renew a conflicting brand, if the brand was originally recorded prior to July 1, 1996, and the brand is renewed as provided in section 169A.13. The department may notify each owner of a conflicting brand that the owner may record a nonconflicting brand. The power of examination, approval, acceptance, or rejection shall be vested in the secretary. The secretary shall file all brands offered for record pending the examination provided for in this section. The secretary shall make such examination as promptly as possible. If the brand is accepted, the brand's ownership shall vest in the person recording it from the date of filing.
[C51, § 921-923; R60, § 1556-1558; C73, § 1480, 1481, 3809; C97, § 2335, 2336; C24, 27, 31, 35, 39, § 2977, 2978; C46, 50, 54, 58, 62, § 187.2, 187.3; C66, 71, 73, 75, 77, 79, 81, § 187.4]
C93, § 169A.4
96 Acts, ch 1119, §1
Referred to in § 169A.2, 169A.3, 169A.5, 169A.8, 169A.12
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