2019 New York Laws
GBS - General Business
Article 24 - Trademarks
360-F - Assignments, Changes of Name and Other Instruments.

Universal Citation: NY Gen Bus L § 360-F (2019)
§  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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