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U.S. Code as of:
01/19/04
Section 1060. Assignment
(a)(1) A registered mark or a mark for which an application to
register has been filed shall be assignable with the good will of
the business in which the mark is used, or with that part of the
good will of the business connected with the use of and symbolized
by the mark. Notwithstanding the preceding sentence, no application
to register a mark under section 1051(b) of this title shall be
assignable prior to the filing of an amendment under section
1051(c) of this title to bring the application into conformity with
section 1051(a) of this title or the filing of the verified
statement of use under section 1051(d) of this title, except for an
assignment to a successor to the business of the applicant, or
portion thereof, to which the mark pertains, if that business is
ongoing and existing.
(2) In any assignment authorized by this section, it shall not be
necessary to include the good will of the business connected with
the use of and symbolized by any other mark used in the business or
by the name or style under which the business is conducted.
(3) Assignments shall be by instruments in writing duly executed.
Acknowledgment shall be prima facie evidence of the execution of an
assignment, and when the prescribed information reporting the
assignment is recorded in the United States Patent and Trademark
Office, the record shall be prima facie evidence of execution.
(4) An assignment shall be void against any subsequent purchaser
for valuable consideration without notice, unless the prescribed
information reporting the assignment is recorded in the United
States Patent and Trademark Office within 3 months after the date
of the assignment or prior to the subsequent purchase.
(5) The United States Patent and Trademark Office shall maintain
a record of information on assignments, in such form as may be
prescribed by the Director.
(b) An assignee not domiciled in the United States may designate
by a document filed in the United States Patent and Trademark
Office the name and address of a person resident in the United
States on whom may be served notices or process in proceedings
affecting the mark. Such notices or process may be served upon the
person so designated by leaving with that person or mailing to that
person a copy thereof at the address specified in the last
designation so filed. If the person so designated cannot be found
at the address given in the last designation, or if the assignee
does not designate by a document filed in the United States Patent
and Trademark Office the name and address of a person resident in
the United States on whom may be served notices or process in
proceedings affecting the mark, such notices or process may be
served upon the Director.
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