State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_80 > GS_80-6

§80‑6.  Assignment.

(a)        Any mark and itsregistration hereunder shall be assignable with the goodwill of the business inwhich the mark is used, or with that part of the goodwill of the businessconnected with the use of and symbolized by the mark. Assignment shall be byinstruments in writing duly executed and may be recorded with the Secretaryupon the payment of a fee of twenty‑five dollars ($25.00), payable to theSecretary who, upon recording of the assignment, shall issue in the name of theassignee a new certificate for the remainder of the term of the registration orof the last renewal thereof.  An assignment of any registration under thisArticle shall be void as against any subsequent purchaser for valuableconsideration without notice, unless it is recorded with the Secretary withinthree months after the date thereof or prior to subsequent purchase.

(b)        Any registrant orapplicant effecting a change of the name of the person to whom the mark wasissued or for whom an application was filed may record a certificate of changeof name of the registrant or applicant with the Secretary upon payment of therecording fee required under G.S. 80‑7.  The Secretary may issue acertificate of registration of an assigned application in the name of theassignee.  The Secretary may issue in the name of the assignee a newcertificate for the remainder of the term of the registration or for the lastrenewal of the registration.

(c)        Other instrumentsthat relate to a mark registered or application pending pursuant to thisArticle, including licenses, security interests, and mortgages, may be recordedin the discretion of the Secretary, upon payment of the recording fee requiredunder G.S. 80‑7.  Instruments authorized under this subsection shall bein writing and duly executed.

(d)        Acknowledgmentshall be prima facie evidence of the execution of an assignment or otherinstrument and, when recorded by the Secretary, the record shall be prima facieevidence of execution.

(e)        A photocopy of anyinstrument referenced in subsection (a), (b), or (c) of this section shall beaccepted for recording if it is certified by any party to the instrument, orthe party's successor, to be a true and correct copy of the original. (Rev.,s. 3016; C.S., s. 3975; 1967, c. 1007, s. 1; 1991, c. 626, s. 6; 1997‑476,s. 8.)