As Amended
SEC. 75-25-11. Assignment.
[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] 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 by instruments in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of Twenty-five Dollars ($25.00), payable to the Secretary of State, 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 this chapter shall be void as against any subsequent purchaser for valuable consideration without notice unless it is recorded with the Secretary of State within three (3) months after the date thereof or prior to such subsequent purchase.
[From and after January 1, 1997, this section will be entitled: "Duration and renewal.", and will read as follows:] A registration of mark hereunder shall be effective for a term of five (5) years from the date of registration and, upon application filed within six (6) months prior to the expiration of such term, in a manner complying with the requirements of the secretary, the registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration.
A registration may be renewed for successive periods of five (5) years in like manner.
Any registration in force on the date on which Senate Bill No. 2861, 1996 Regular Session, shall become effective shall continue in full force and effect for the unexpired term thereof and may be renewed by filing an application for renewal with the secretary complying with the requirements of the secretary and paying the aforementioned renewal fee therefor within six (6) months prior to the expiration of the registration.
All applications for renewal under Senate Bill No. 2861, 1996 Regular Session, whether of registrations made under this chapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and include a specimen showing actual use of the mark on or in connection with the goods or services.
SOURCES: Codes, 1942, Sec. 4227-06; Laws, 1952, ch. 338, Sec. 6; 1958, ch. 346, Sec. 4; 1971, ch. 437, Sec. 6; 1985, ch. 381, Sec. 9, eff from and after July 1, 1985. Laws, 1996, ch. 402, Sec. 6, eff from and after January 1, 1997