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365.583 Assignments, changes of name, and other instruments.
(1)
(2)
(3)
(4)
(5)
Any mark and its registration or application pursuant to KRS 365.561 to
365.613 shall be 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. An assignment shall be in writing, duly
executed, and may be recorded with the Secretary upon the payment to the
Secretary of a recording fee of five dollars ($5). The Secretary shall issue in the
name of the assignee of a registration a new certificate for the remainder of the
term of the registration or renewal period. An assignment of any registration
shall be void as against any subsequent purchaser for valuable consideration
without notice, unless it is recorded with the Secretary within three (3) months
after the date of the assignment or prior to the subsequent purchase.
Any registrant or applicant may record a certificate of change of name of the
registrant or applicant with the Secretary upon the payment of the recording fee
prescribed in subsection (1) of this section. The Secretary may issue in the
name of the assignee a certificate of registration of an assigned application or
a new certificate or registration for the remainder of the term of the registration
or last renewal.
Other instruments relating to a registered mark or a pending application for
registration, for example, licenses, security interests, or mortgages, may be
recorded in the discretion of the Secretary, if the instrument is in writing and
duly executed.
Acknowledgement shall constitute a rebuttable presumption that an
assignment or other instrument was executed and, when recorded by the
Secretary, that record shall constitute a rebuttable presumption of execution.
A photocopy of any instrument referred to in subsections (1), (2), or (3) of this
section shall be accepted for recording if it is certified by any of the parties to
the instrument or their successors as a true and correct copy of the original.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 468, sec. 7, effective July 15, 1994.
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