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15 U.S.C. § 1060 — Assignment

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1060 — Assignment

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Stable record: federal_law:legal_authorities:record_usc_38b5daff04fb8e4062682913
Source file: Laws/federal/codes/united-states-code/title-15/section-1060-assignment--14b1ef6d07.md
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Source location: Title 15, Chapter 22, § 1060; chapter-022-trademarks.md

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**(a)** (1) A registered mark or a mark for which an application to register has been filed 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. Notwithstanding the preceding sentence, no application to register a mark under [section 1051(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/b&num=0&edition=prelim) shall be assignable prior to the filing of an amendment under [section 1051(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/c&num=0&edition=prelim) to bring the application into conformity with [section 1051(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/a&num=0&edition=prelim) or the filing of the verified statement of use under [section 1051(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051/d&num=0&edition=prelim), except for an assignment to a successor to the business of the applicant, or portion thereof, to which the mark pertains, if that business is ongoing and existing. (2) In any assignment authorized by this section, it shall not be necessary to include the good will of the business connected with the use of and symbolized by any other mark used in the business or by the name or style under which the business is conducted. (3) Assignments shall be by instruments in writing duly executed. Acknowledgment shall be prima facie evidence of the execution of an assignment, and when the prescribed information reporting the assignment is recorded in the United States Patent and Trademark Office, the record shall be prima facie evidence of execution. (4) An assignment shall be void against any subsequent purchaser for valuable consideration without notice, unless the prescribed information reporting the assignment is recorded in the United States Patent and Trademark Office within 3 months after the date of the assignment or prior to the subsequent purchase. (5) The United States Patent and Trademark Office shall maintain a record of information on assignments, in such form as may be prescribed by the Director. **(b)** An assignee not domiciled in the United States may designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark. Such notices or process may be served upon the person so designated by leaving with that person or mailing to that person a copy thereof at the address specified in the last designation so filed. If the person so designated cannot be found at the address given in the last designation, or if the assignee does not designate by a document filed in the United States Patent and Trademark Office the name and address of a person resident in the United States on whom may be served notices or process in proceedings affecting the mark, such notices or process may be served upon the Director.

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Federal law — U.S. Code and appendices · legal_authorities

35 U.S.C. § 1 — Establishment

**(a) Establishment.—** The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but otherwise shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. Those operations designed to grant and issue patents and those operations which are designed to facilitate the registration of trademarks shall be treated as separate operating units within the Office. **(b) Offices.—** The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, D.C., area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business. **(c) Reference.—** For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the “Office” and the “Patent and Trademark Office”.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1051 — Application for registration; verification

**(a) Application for use of trademark** (1) The owner of a trademark used in commerce may request registration of its trademark on the principal register hereby established by paying the prescribed fee and filing in the Patent and Trademark Office an application and a verified statement, in such form as may be prescribed by the Director, and such number of specimens or facsimiles of the mark as used as may be required by the Director. (2) The application shall include specification of the applicant’s domicile and citizenship, the date of the applicant’s first use of the mark, the date of the applicant’s first use of the mark in commerce, the goods in connection with which the mark is used, and a drawing of the mark. (3) The statement shall be verified by the applicant and specify that— (A) the person making the verification believes that he or she, or the juristic person in whose behalf he or she makes the verification, to be the owner of the mark sought to be registered; (B) to the best of the verifier’s knowledge and belief, the facts recited in the application are accurate; (C) the mark is in use in commerce; and (D) to the best of the verifier’s knowledge and belief, no other person has the right to use such mark in commerce either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods of such other person, to cause confusion, or to cause mistake, or to deceive, except that, in the case of every application claiming concurrent use, the applicant shall— (i) state exceptions to the claim of exclusive use; and (ii) shall 11 So in original. The word “shall” probably should not appear. specify, to the extent of the verifier’s knowledge— (I) any concurrent use by othe

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1111 — Notice of registration; display with mark; recovery of profits and damages in infringement suit

Notwithstanding the provisions of [section 1072 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1072&num=0&edition=prelim), a registrant of a mark registered in the Patent and Trademark Office, may give notice that his mark is registered by displaying with the mark the words “Registered in U.S. Patent and Trademark Office” or “Reg. U.S. Pat. & Tm. Off.” or the letter R enclosed within a circle, thus ®; and in any suit for infringement under this chapter by such a registrant failing to give such notice of registration, no profits and no damages shall be recovered under the provisions of this chapter unless the defendant had actual notice of the registration.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 1060 — Assignment

Page 1288 TITLE 15—COMMERCE AND TRADE § 1060 subsecs. (a) to (c) relating to period of renewal and time for renewal, notification of refusal of renewal, and applicants for renewal not domiciled in the United States. 1988—Subsec. (a). Pub. L. 100–667, § 111(1), substituted ‘‘ten’’ for ‘‘twenty’’. Subsec. (c). Pub. L. 100–667, § 111(2), substituted ‘‘1051(e)’’ for ‘‘1051(d)’’. 1962—Pub. L. 87–772 designated existing provisions as subsecs. (a) and (c), added subsec. (b), and among other changes, amended subsec. (a) by substituting provisions requiring a verified application specifying the goods or services recited in the registration on or in connection with which the mark is still in use in commerce and having attached a specimen showing current use of the mark, or showing that any nonuse is due to special cir- cumstances which excuse the nonuse and that it’s not due to an intention to abandon the mark, for provisions requiring an affidavit by the registrant stating that the mark is still in use in commerce. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–330 effective on the date that is 1 year after Oct. 30, 1998, see section 110 of Pub. L. 105–330, set out as a note under section 1051 of this title. For provisions relating to applicability of amend- ment by Pub. L. 105–330 to applications for registration of trademarks, see section 109(b) of Pub. L. 105–330, set out as a note under section 1051 of this title. Pub. L. 105–330, title I, § 109(d), Oct. 30, 1998, 112 Stat. 3

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 1060

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