| (a) An instrument relating to the transfer of ownership
of a mark or pending application (such as a certificate of merger
or conversion) or a document effecting a name change (other than a
change of entity), may be recorded with the Secretary of State. Each
document may be recorded if it meets the following requirements:
(1) it is an instrument authorized by law to be recorded
or filed and in fact is recorded or filed in a public office and the
copy of the instrument is certified by the appropriate official or
authority;
(2) the instrument is not authorized by law to be recorded
or filed, but is the type of instrument which would be recorded and
filed in the records of the Secretary of State if the business entity
were a corporation;
(3) the certified copy of the instrument is in English
or, if not in English, it is accompanied by a translation signed by
the translator; and
(4) the certified copy is accompanied by a cover sheet,
signed by the registrant or transferee or an agent of the registrant
or transferee, which includes the following information:
(A) an identification of the mark, including the certificate
of registration number and date of registration;
(B) the name of the registrant/transferor conveying
the interest and the name and address of the transferee receiving
the interest; and
(C) a concise description of the transaction being
recorded.
(b) The certified copy of the instrument and accompanying
cover sheet should be submitted with the filing fee to the Secretary
of State. A corporation or other business entity which has filed the
instrument to be recorded with the Corporations Section of the Secretary
of State may provide an additional statement on the cover sheet identifying
the instrument filed and the date of its filing with the Secretary
of State in lieu of a certified copy of the instrument.
(c) Upon compliance with the provisions of this section,
the Secretary of State shall file the instrument, and return a filed
stamped copy if a duplicate copy was provided for such purpose.
(d) Upon written request of the registrant or transferee,
or an agent of the registrant or transferee, the Secretary of State
will send the registrant or transferee a new certificate of registration
issued in the registrant's new name or in the transferee's name for
the remainder of the mark's term of registration, or the remainder
of the mark's term of renewal. The request for the new certificate
must be accompanied by the fee established for a new or corrected
certification pursuant to §93.151 of this title (relating to
Recordation Fees). For those marks originally filed before September
1, 2012, the request must also include the information required by §93.31(b)(1)
- (8) of this title (relating to Application Requirements), as well
as a drawing sheet that complies with Subchapter E of this chapter
(relating to the Drawing).
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