417.031. Assignment of mark, procedure.
Assignment of mark, procedure.
417.031. 1. Any mark and its registration hereunder shall beassignable with the goodwill of the business in which the mark is used, orwith that part of the goodwill of the business connected with the use ofand symbolized by the mark. Assignment shall be in writing upontransmittal forms authorized or furnished by the secretary of state and maybe recorded with the secretary of state upon the payment of a fee of fiftydollars payable to the director of revenue who, upon recording of theassignment, shall issue in the name of the assignee a new certificate forthe remainder of the term of the registration or of the last renewalthereof. An assignment of any registration under sections 417.005 to417.066 shall be void as against any subsequent purchaser for valuableconsideration without notice, unless it is recorded with the secretary ofstate within three months after the date thereof or prior to suchsubsequent purchase.
2. Any registrant or applicant effecting a change of the name of theperson to whom the mark was issued or for whom an application was filed mayrecord, upon a transmittal form authorized or furnished by the secretary ofstate, a certificate of change of name of the registrant or applicant withthe secretary of state upon the payment of the recording fee. Thesecretary of state may issue in the name of the assignee a certificate ofregistration of an assigned application. The secretary of state may issuein the name of the assignee, a new certificate or registration for theremainder of the term of the registration or last renewal thereof.
3. Acknowledgment shall be prima facie evidence of the execution ofan assignment or other instrument and, when recorded by the secretary ofstate, the record shall be prima facie evidence of execution.
(L. 1973 H.B. 281 § 6, A.L. 1995 S.B. 80 & 88)