§ 548.107 — Assignments, changes of name, and other instruments

Iowa § 548.107

• Jurisdiction: Iowa
• Title XIII: COMMERCE
• Ch. 548: REGISTRATION AND PROTECTION OF MARKS

Text

1. A mark and its registration under this chapter is assignable with the goodwill of the
business in which the mark is used or with that part of the goodwill of the business connected
with the use of and symbolized by the mark. Assignment shall be by a duly executed written
instrument which may be recorded with the secretary upon the payment of a recording fee to
thesecretary, who, uponrecordingoftheassignment, shallissueanewcertificateinthename
oftheassigneefortheremainderofthetermoftheassignedregistrationorofthelastrenewal
of the registration. An assignment of a registration under this chapter shall be void as against
any subsequent purchase for valuable consideration without notice, unless the assignment is
recorded with the secretary within three months after the date of the assignment or prior to
such subsequent purchase.
2. Aregistrantorapplicanteffectingachangeofthenameofthepersontowhomthemark
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 a certificate of registration of an assigned application in the name of the
assignee. Thesecretarymayissueinthenameoftheassignee,anewcertificateorregistration
for the remainder of the term of the registration or last renewal of the registration.
3. Other instruments which relate to a mark registered or application pending pursuant
to this chapter, such as, by way of example, licenses, security interests, or mortgages, may be
recorded in the discretion of the secretary, if such instrument is in writing and duly executed.
4. Acknowledgment 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.
5. A photocopy of any instrument referred to in subsections 1 through 3, shall be accepted
for recording if it is certified by any of the parties to the registration, or their successors, to
be a true and correct copy of the original.

Legislative History

[C46, 50, 54, 58, 62, 66, §548.5; C71, 73, 75, 77, 79, 81, §548.6]