Section 360-F. Assignments, changes of name and other instruments  


Latest version.
  • (a) Any
      mark and its registration hereunder shall be assignable  with  the  good
      will of the business in which the mark is used, or with that part of the
      good  will  of  the business connected with the use of and symbolized by
      the mark. Assignment shall be by instruments in  writing  duly  executed
      and may be recorded with the secretary upon the payment of the recording
      fee  payable  to  the  secretary  who, upon recording of the assignment,
      shall issue in the name of  the  assignee  a  new  certificate  for  the
      remainder  of  the  term  of  the  registration  or  of the last renewal
      thereof. An assignment of any registration under this article  shall  be
      void  as  against  any  subsequent  purchaser for valuable consideration
      without notice, unless it is recorded with the  secretary  within  three
      months after the date thereof or prior to such subsequent purchase.
        (b)  Any registrant or applicant effecting a change of the name of the
      person to whom the mark was issued or for whom an application was  filed
      may  record  a  certificate  of  change  of  name  of  the registrant or
      applicant with the secretary upon the payment of the recording fee.  The
      secretary may issue in  the  name  of  the  assignee  a  certificate  of
      registration  of an assigned application. The secretary may issue in the
      name of  the  assignee,  a  new  certificate  or  registration  for  the
      remainder of the term of the registration or last renewal thereof.
        (c) Other instruments which relate to a mark registered or application
      pending  pursuant to this article, such as, by way of example, licenses,
      security interests or mortgages, may be recorded in  the  discretion  of
      the  secretary,  provided  that  such  instrument is in writing and duly
      executed.
        (d) Acknowledgement shall be prima facie evidence of the execution  of
      an  assignment  or other instrument and, when recorded by the secretary,
      the record shall be prima facie evidence of execution.
        (e) A photocopy of any instrument referred to in subdivision (a),  (b)
      or  (c)  of  this  section,  shall  be  accepted  for recording if it is
      certified by any of the parties thereto, or their successors,  to  be  a
      true and correct copy of the original.