§ 37-6-17 — Assignment of mark and registration with good will--Recording and new certificate--Fee--Validity of assignment against subsequent purchaser.

South Dakota § 37-6-17

• Jurisdiction: South Dakota
• Title 37: TRADE REGULATION
• Ch. 37-6: TRADEMARK AND SERVICE MARK PROTECTION

Text

A mark and its registration under § 37-6-13 is 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 of state upon the payment of a fee of one hundred twenty-five dollars payable to the secretary of state. Upon recording of the assignment, the secretary of state 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 § 37-6-13 is void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the secretary of state within three months after the date thereof or prior to the subsequent purchase.

Legislative History

SL 1955, ch 232, § 6; SDC Supp 1960, § 51.0906; SL 1980, ch 264, § 14; SL 1997, ch 141, § 4; SL 2003, ch 8, § 9; SL 2009, ch 4, § 9.