§ 1-411. Assignment

   (a) Authorized. -- A mark and its registration may be assigned with:

   (1) the good will of the business that uses the mark; or

   (2) that part of the good will of the business connected with the mark.

(b) Manner of assignment. -- The assignment shall be by a written, signed instrument.

(c) Recording an assignment. -- A person may record the assignment of registration of a mark by:

   (1) submitting the instrument of assignment to the Secretary of State; and

   (2) paying to the Secretary of State a fee of $ 10.

(d) Issuance of certificate. -- The Secretary of State shall record an assignment of the registration of a mark and issue a new certificate of registration in the name of the assignee to each person who meets the requirements of this section.

(e) Term of assignment. -- The term of assignment is the rest of the term of registration of the mark.

(f) Rights of subsequent purchaser. -- An assignment of the registration of a mark under this subtitle is void against a subsequent purchaser for valuable consideration without notice of the assignment unless the assignment is recorded with the Secretary of State:

   (1) within 3 months after the date of the assignment; or

   (2) before the subsequent purchase.

HISTORY: An. Code 1957, art. 41, § 3-106; 1992, ch. 4, § 2; ch. 48.