365.583 Assignments, changes of name, and other instruments.

333 words·~2 min read·/ky/chapter-365/365-583

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)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.

(2)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.

(3)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.

(4)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.

(5)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.