§ 360-F — Assignments, changes of name and other instruments

New York § 360-F

• Jurisdiction: New York
• Law GBS: General Business
• Art. 24: Trademarks

Text

§ 360-f. Assignments, changes of name and other instruments. (a) Any\nmark and its registration hereunder shall be assignable with the good\nwill of the business in which the mark is used, or with that part of the\ngood will of the business connected with the use of and symbolized by\nthe mark. Assignment shall be by instruments in writing duly executed\nand may be recorded with the secretary upon the payment of the recording\nfee payable to the secretary who, upon recording of the assignment,\nshall issue in the name of the assignee a new certificate for the\nremainder of the term of the registration or of the last renewal\nthereof. An assignment of any registration under this article shall be\nvoid as against any subsequent purchaser for valuable consideration\nwithout notice, unless it is recorded with the secretary within three\nmonths after the date thereof or prior to such subsequent purchase.\n (b) Any registrant or applicant effecting a change of the name of the\nperson to whom the mark was issued or for whom an application was filed\nmay record a certificate of change of name of the registrant or\napplicant with the secretary upon the payment of the recording fee. The\nsecretary may issue in the name of the assignee a certificate of\nregistration of an assigned application. The secretary may issue in the\nname of the assignee, a new certificate or registration for the\nremainder of the term of the registration or last renewal thereof.\n (c) Other instruments which relate to a mark registered or application\npending pursuant to this article, such as, by way of example, licenses,\nsecurity interests or mortgages, may be recorded in the discretion of\nthe secretary, provided that such instrument is in writing and duly\nexecuted.\n (d) Acknowledgement shall be prima facie evidence of the execution of\nan assignment or other instrument and, when recorded by the secretary,\nthe record shall be prima facie evidence of execution.\n (e) A photocopy of any instrument referred to in subdivision (a), (b)\nor (c) of this section, shall be accepted for recording if it is\ncertified by any of the parties thereto, or their successors, to be a\ntrue and correct copy of the original.\n