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This entry was published on 2014-09-22
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SECTION 360-F
Assignments, changes of name and other instruments
General Business (GBS) CHAPTER 20, ARTICLE 24
§ 360-f. Assignments, changes of name and other instruments. (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.