Sec. 9. (a) Only one (1) brand may be awarded or recorded for each owner of livestock. However, the owner or owners of separate and distinct livestock operations may, at the discretion of the board, record one (1) brand for use at each distinct and separate livestock operation.

     (b) A brand may not be recorded or used if the brand:

Terms Used In Indiana Code 15-19-6-9

  • board: refers to the Indiana state board of animal health established by IC 15-17-3-1. See Indiana Code 15-19-6-2
  • brand: means a distinctive design or mark of identification made or applied to the hide on livestock by the use of a hot iron or by any other method or process approved by the board. See Indiana Code 15-19-6-3
  • livestock: means :

    Indiana Code 15-19-6-4

  • person: includes an individual, a firm, an association, a partnership, a corporation, other legal entity, a public or private institution, the state, a municipal corporation, or a political subdivision of the state. See Indiana Code 15-19-6-5
(1) is identical with or, in the opinion of the board, is so similar to any brand previously recorded and remaining of legal record; or

(2) is an abandoned brand but has not been abandoned for five (5) years;

so as to be liable to cause confusion as to the identity or ownership of livestock.

     (c) If the board determines that the submitted brand is already on record for another person or that it so closely resembles a previously registered brand that the brands cannot be readily distinguished, the board shall notify the applicant and return the facsimile brand and recording fee. In case of duplications, applications bearing the earliest postmark will be accepted.

     (d) The board shall adjust conflicting stock brands and make any necessary changes. Changes made by the board are conclusive, and brands the board indicates may be recalled or adjusted at any time by means of written notice from the board given to the owner of the brand.

     (e) A brand may be recorded in Indiana only in the office of the board.

[Pre-2008 Recodification Citation: 15-5-14-5.]

As added by P.L.2-2008, SEC.10.