1. Recording. Any mark and its registration are 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. Assignment must be by an instrument in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of $40 payable to the Treasurer of State. The Secretary of State, upon recording of an assignment, shall issue an attested copy in the name of the assignee. The assignment is valid for the remainder of the term of the registration or of the last renewal. An assignment of any registration under this chapter is void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the Secretary of State within 3 months after the date thereof or prior to the subsequent purchase.

[PL 1997, c. 376, §3 (AMD).]

Terms Used In Maine Revised Statutes Title 10 Sec. 1525

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
  • Mark: includes any trademark, service mark, certification mark or collective mark entitled to be registered under this chapter, whether registered or not. See Maine Revised Statutes Title 10 Sec. 1521
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Registrant: includes the person to whom the registration of a mark under this chapter is issued, the registrant's legal representatives, successors or assigns. See Maine Revised Statutes Title 10 Sec. 1521
  • 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. Corporate, limited liability company or partnership name. Any registrant of a mark that has been duly recorded pursuant to section 1523 may grant to any domestic or foreign corporation, limited liability company, limited liability partnership or limited partnership authorized to do business in this State the exclusive right to the use of a name similar to that mark.

[PL 1997, c. 376, §4 (AMD).]

SECTION HISTORY

PL 1979, c. 572, §2 (NEW). PL 1987, c. 561, §3 (AMD). PL 1993, c. 316, §6 (AMD). PL 1993, c. 718, §B3 (AMD). PL 1995, c. 633, §C3 (AMD). PL 1997, c. 376, §§3,4 (AMD).