7-70-106. Statement of transfer of trademark registration.
Statute text
(1) Following the transfer of a trademark to another person by the registrant or by operation of law, the registrant or the transferee may deliver to the secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement of transfer of trademark registration.
(2) A statement of transfer of trademark registration shall:
(a) State the true name of the registrant prior to the transfer;
(b) State the true name of the transferee;
(c) If the transferee is an entity, state the form of entity and the jurisdiction under the law of which it is formed;
(d) If the transferee is an individual, state the individual's principal address;
(e) If the transferee is an entity other than a reporting entity, state the entity's principal address;
(f) If the transferee is neither an individual resident of this state nor an entity that is required to maintain a registered agent pursuant to part 7 of article 90 of this title, state either:
(I) If the transferee desires to appoint a registered agent pursuant to section 7-70-108, the registered agent name, the registered agent address, and a statement that the person appointed as the registered agent for the registrant has consented to being so appointed; or
(II) The mailing address to which service of process in any action relating to the statement of trademark registration may be mailed pursuant to section 7-70-108;
(g) Identify the statement of trademark registration in a manner satisfactory to the secretary of state;
(h) State that the registrant has transferred to the transferee, or that the transferee has by operation of law succeeded to, the rights to the trademark, including all associated goodwill, to which the statement of trademark registration pertains; and
(i) Include such other information as the secretary of state may require.
(3) The filing of, or the failure to file, a statement of transfer of trademark registration shall not affect the validity or effectiveness of the underlying transfer of the trademark.
History
Source: L. 2006: Entire article R&RE, p. 114, 1, effective May 29, 2007. L. 2007: (2)(d) and (2)(e) amended, p. 225, 13, effective May 29.