Any trademark or service mark and its registration under this part shall be assignable with the good will of the business in which the trademark or service mark is used or with that part of the good will of the business connected with the use of and symbolized by the trademark or service mark. Assignment shall be by instruments in writing duly executed and may be recorded with the Secretary of State upon the payment of a fee of $15.00, payable to the Secretary of State, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this part shall be ineffective as against a subsequent purchaser for value without notice unless it is recorded with the Secretary of State prior to the subsequent purchase.
History. Ga. L. 1952, p. 134, § 11; Ga. L. 1963, p. 463, § 6; Ga. L. 1983, p. 1470, § 3.
Law reviews.
For article, “Community Defense of Union Free Status,” regarding broadening the legal recognition of the interest “good will,” see 32 Mercer L. Rev. 679 (1981).
Structure Georgia Code
Chapter 1 - Selling and Other Trade Practices
Article 16 - Trademarks, Service Marks, and Trade Names
Part 1 - Registration and Use of Trademarks and Service Marks
§ 10-1-440. When Trademark or Service Mark Used in State; Definitions
§ 10-1-441. Registration of Marks — When Marks Ineligible
§ 10-1-442. Registration of Marks — Application; Fee
§ 10-1-444. Registration of Marks
§ 10-1-445. Registration of Marks — Duration; Renewal; Fee
§ 10-1-446. Assignment of Mark and Registration; Recordation; Fee; New Certificate
§ 10-1-447. Record of Registrations and Renewals to Be Kept by Secretary of State
§ 10-1-448. Cancellation of Registrations
§ 10-1-449. Damages for Fraud or False Representation in Registering Mark
§ 10-1-450. Civil Action for Infringement of Registered Mark
§ 10-1-452. Common-Law Rights in Marks Not Affected
§ 10-1-453. Unauthorized and Deceitful Use of Name or Seal a Misdemeanor