Section 417.031

Title XXVI TRADE AND COMMERCE

Chapter 417

Effective - 28 Aug 1995   

  417.031.  Assignment of mark, procedure. — 1.  Any mark and its registration hereunder shall be 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 in writing upon transmittal forms authorized or furnished by the secretary of state and may be recorded with the secretary of state upon the payment of a fee of fifty dollars payable to the director of revenue 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 sections 417.005 to 417.066 shall be 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 such subsequent purchase.

  2.  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, upon a transmittal form authorized or furnished by the secretary of state, a certificate of change of name of the registrant or applicant with the secretary of state upon the payment of the recording fee.  The secretary of state may issue in the name of the assignee a certificate of registration of an assigned application.  The secretary of state 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.

  3.  Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary of state, the record shall be prima facie evidence of execution.

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(L. 1973 H.B. 281 § 6, A.L. 1995 S.B. 80 & 88)