2013 New York Consolidated Laws
GBS - General Business
Article 24 - (360 - 360-R) TRADEMARKS
360-F - Assignments, changes of name and other instruments.


NY Gen Bus L § 360-F (2012) What's This?
 
    §  360-f.  Assignments, changes of name and other instruments. (a) Any
  mark and its registration hereunder 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. Assignment shall be by instruments in  writing  duly  executed
  and may be recorded with the secretary upon the payment of the recording
  fee  payable  to  the  secretary  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 article  shall  be
  void  as  against  any  subsequent  purchaser for valuable consideration
  without notice, unless it is recorded with the  secretary  within  three
  months after the date thereof or prior to such subsequent purchase.
    (b)  Any registrant or applicant effecting a change of the name of the
  person to whom the mark was issued or for whom an application was  filed
  may  record  a  certificate  of  change  of  name  of  the registrant or
  applicant with the secretary upon the payment of the recording fee.  The
  secretary may issue in  the  name  of  the  assignee  a  certificate  of
  registration  of an assigned application. The secretary may issue in the
  name of  the  assignee,  a  new  certificate  or  registration  for  the
  remainder of the term of the registration or last renewal thereof.
    (c) Other instruments which relate to a mark registered or application
  pending  pursuant to this article, such as, by way of example, licenses,
  security interests or mortgages, may be recorded in  the  discretion  of
  the  secretary,  provided  that  such  instrument is in writing and duly
  executed.
    (d) Acknowledgement shall be prima facie evidence of the execution  of
  an  assignment  or other instrument and, when recorded by the secretary,
  the record shall be prima facie evidence of execution.
    (e) A photocopy of any instrument referred to in subdivision (a),  (b)
  or  (c)  of  this  section,  shall  be  accepted  for recording if it is
  certified by any of the parties thereto, or their successors,  to  be  a
  true and correct copy of the original.

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