(a) A mark and its registration under this chapter are 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.
(b) An assignment must be made by a properly executed written instrument and may be
recorded with the secretary of state by:
(1) filing the assignment; and
(2) paying a recording fee to the secretary of state.
(c) If an assignment has been properly filed for record under Subsection (b), the
secretary of state shall issue in the assignee's name a new certificate of registration
for the remainder of the term of the mark's registration or last renewal.
(d) The assignment of a mark registered under this chapter is void against a purchaser
who purchases the mark for valuable consideration after the assignment is made and
without notice of it unless the assignment is recorded by the secretary of state:
(1) not later than the 90th day after the date of the assignment; or
(2) before the mark is purchased.
(e) An acknowledgment is prima facie evidence of the execution of an assignment, and
when recorded by the secretary of state, the record is prima facie evidence of execution.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.