Sec. 8. (a) A mark and the registration of a mark under this chapter are assignable by electronic application as described by section 4 of this chapter with the:

(1) good will of the business in which the mark is used; or

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Terms Used In Indiana Code 24-2-1-8

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(2) part of the good will of the business:

(A) connected with the use of the mark; and

(B) symbolized by the mark.

     (b) An assignment:

(1) must be made by an instrument in writing duly executed; and

(2) may be electronically recorded with the secretary upon the payment of a recording fee to the secretary.

     (c) The secretary, after recording an assignment, shall issue in the name of the assignee a new certificate of registration for the remainder of the term of the:

(1) registration; or

(2) most recent renewal of the registration.

     (d) An assignment of a registration under this chapter is void against a subsequent purchaser for valuable consideration without notice unless the assignment is recorded with the secretary not more than three (3) months:

(1) after the date of the assignment; or

(2) before the subsequent purchase.

Formerly: Acts 1955, c.174, s.8. As amended by P.L.152-1986, SEC.27; P.L.135-2006, SEC.9; P.L.177-2019, SEC.13; P.L.206-2021, SEC.9.