Sec. 8. (a) A mark and the registration of a mark under this chapter are assignable by electronic application as described by section 4 of this chapter with the:
(1) good will of the business in which the mark is used; or
(2) part of the good will of the business:
(A) connected with the use of the mark; and
(B) symbolized by the mark.
(b) An assignment:
(1) must be made by an instrument in writing duly executed; and
(2) may be electronically recorded with the secretary upon the payment of a recording fee to the secretary.
(c) The secretary, after recording an assignment, shall issue in the name of the assignee a new certificate of registration for the remainder of the term of the:
(1) registration; or
(2) most recent renewal of the registration.
(d) An assignment of a registration under this chapter is void against a subsequent purchaser for valuable consideration without notice unless the assignment is recorded with the secretary not more than three (3) months:
(1) after the date of the assignment; or
(2) before the subsequent purchase.
Formerly: Acts 1955, c.174, s.8. As amended by P.L.152-1986, SEC.27; P.L.135-2006, SEC.9; P.L.177-2019, SEC.13; P.L.206-2021, SEC.9.
Structure Indiana Code
Article 2. Trademarks, Trade Names, and Trade Secrets
24-2-1-0.1. Application of Certain Amendments to Chapter
24-2-1-0.5. Intent; Judicial or Administrative Interpretation
24-2-1-4. Electronic Application
24-2-1-5. Certificate of Registration
24-2-1-6. Duration and Renewal
24-2-1-7. Renewal of Registration in Force on July 1, 2006
24-2-1-8.5. Certificate of Change of Name
24-2-1-10. Registration Cancellation
24-2-1-11. Rules; Classification of Goods and Services; Electronic Application
24-2-1-12. Damages for Fraudulent Registration
24-2-1-13.5. Fanciful Marks; Famous Marks; Injunctive Relief; Remedies; Attorney's Fees
24-2-1-14.5. Cancellation; Action to Compel Registration; Jurisdiction