Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.

Checkout our iOS App for a better way to browser and research.


  • (1)
    • (a) A mark and the mark's registration under this chapter is assignable with:
      • (i) the good will of the business in which the mark is used; or
      • (ii) that part of the good will of the business connected with the use of and symbolized by the mark.
    • (b) An assignment under this section:
      • (i) shall be:
        • (A) in writing; and
        • (B) properly executed; and
      • (ii) may be filed with the division by:
        • (A) filing a form provided by the division; and
        • (B) paying of a fee determined by the division in accordance with Section 70-3a-203.
    • (c) Upon the filing of an assignment, the division shall certify that the assignment has been filed.
    • (d) An assignment of any registration under this chapter is void as against any subsequent purchaser for valuable consideration without notice, unless the assignment is filed with the division:
      • (i) within three months after the date of the assignment; or
      • (ii) before the subsequent purchase.
  • (2) Any registrant or applicant may change the name of the person or business to whom the mark is issued or for whom an application is filed by:
    • (a) filing two copies of a certificate of change of name of the registrant or applicant with the division; and
    • (b) paying of a fee determined by the division in accordance with Section 70-3a-203.
  • (3)
    • (a) A person may file another instrument that relates to a mark registered or application pending under this chapter:
      • (i) in the discretion of the division; and
      • (ii) if the instrument is:
        • (A) in writing; and
        • (B) properly executed.
    • (b) An instrument that may be filed under this Subsection (3) includes:
      • (i) a license;
      • (ii) a security interest; or
      • (iii) a mortgage.
  • (4) An acknowledgment by the assignor or person whose interest in a mark is adversely effected by the instrument:
    • (a) is prima facie evidence of the execution of an assignment or other instrument; and
    • (b) when filed by the division, is prima facie evidence of execution of the assignment or other instrument.




Download our app to see the most-to-date content.