70-3a-306. Assignments — Changes of name — Other instruments — Security interests — Acknowledgments.
- (1)
- (a) A mark and the mark’s registration under this chapter is assignable with:
- (i) the good will of the business in which the mark is used; or
- (ii) that part of the good will of the business connected with the use of and symbolized by the mark.
- (b) An assignment under this section:
- (i) shall be:
- (A) in writing; and
- (B) properly executed; and
- (ii) may be filed with the division by:
- (A) filing a form provided by the division; and
- (B) paying of a fee determined by the division in accordance with Section 70-3a-203.
- (i) shall be:
- (c) Upon the filing of an assignment, the division shall certify that the assignment has been filed.
- (d) An assignment of any registration under this chapter is void as against any subsequent purchaser for valuable consideration without notice, unless the assignment is filed with the division:
- (i) within three months after the date of the assignment; or
- (ii) before the subsequent purchase.
- (a) A mark and the mark’s registration under this chapter is assignable with:
- (2) Any registrant or applicant may change the name of the person or business to whom the mark is issued or for whom an application is filed by:
- (a) filing two copies of a certificate of change of name of the registrant or applicant with the division; and
- (b) paying of a fee determined by the division in accordance with Section 70-3a-203.
- (3)
- (a) A person may file another instrument that relates to a mark registered or application pending under this chapter:
- (i) in the discretion of the division; and
- (ii) if the instrument is:
- (A) in writing; and
- (B) properly executed.
- (b) An instrument that may be filed under this Subsection (3) includes:
- (i) a license;
- (ii) a security interest; or
- (iii) a mortgage.
- (a) A person may file another instrument that relates to a mark registered or application pending under this chapter:
- (4) An acknowledgment by the assignor or person whose interest in a mark is adversely effected by the instrument:
- (a) is prima facie evidence of the execution of an assignment or other instrument; and
- (b) when filed by the division, is prima facie evidence of execution of the assignment or other instrument.
Amended by Chapter 258, 2008 General Session