(A) A mark and its registration under this article is 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 is by instruments in writing properly executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary 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 of the registration. An assignment of a registration under this article is void against a subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three months after the date of the assignment or before the subsequent purchase.
(B) A registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may record a certificate of change of name of the registrant or applicant with the secretary upon payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application. The secretary may issue in the name of the assignee a new certificate or registration for the remainder of the term of the registration or last renewal of the registration.
(C) Other instruments which relate to a mark registered or application pending pursuant to this article including, but not limited to, licenses, security interests, or mortgages, may be recorded in the discretion of the secretary if the instrument is in writing and properly executed.
(D) Acknowledgement is prima facie evidence of the execution of an assignment or other instrument, and when recorded by the secretary, the record is prima facie evidence of execution.
(E) A photocopy of an instrument referred to in subsections (A), (B), or (C) must be accepted for recording if it is certified to be a true and correct copy of the original by a party to the instrument or their successors.
HISTORY: 1994 Act No. 486, Section 1, eff 3 months after July 13, 1994.
Structure South Carolina Code of Laws
Chapter 15 - Labels And Trademarks
Section 39-15-10. Use of marked beer, soda water, or mineral water containers.
Section 39-15-15. Requirements for labeling product as "peat"; penalties.
Section 39-15-20. Fraud in sale of goods marked "sterling".
Section 39-15-30. Fraud in sale of goods marked "coin" or "coin silver".
Section 39-15-410. Adoption and use of individual brands or marks.
Section 39-15-420. Registration of mark or brand with Secretary of State; registered number.
Section 39-15-430. Issuance of certificate; fees; admissibility of certificate as evidence.
Section 39-15-440. Transfer, release, or sale of brand or mark; records.
Section 39-15-450. Effect of use of brand or mark.
Section 39-15-480. Unauthorized possession of marked or branded containers.
Section 39-15-490. Effect of refusal to deliver containers to lawful owner.
Section 39-15-500. Taking or sending containers out of State without consent of owner.
Section 39-15-510. Situation in which article is inapplicable.
Section 39-15-520. Article is cumulative.
Section 39-15-710. Definitions.
Section 39-15-720. Authority to use trademark on timber.
Section 39-15-730. Purchaser's lien on branded timber.
Section 39-15-740. Loss of lien upon default in payments; removal of brand.
Section 39-15-750. Destruction of brand; removal or transfer of timber.
Section 39-15-910. Use of name or trade name in advertising.
Section 39-15-1105. Definitions.
Section 39-15-1110. Registration of distinguishing mark for goods or services; exceptions.
Section 39-15-1115. Registration of mark; required information.
Section 39-15-1120. Application, registration of mark, examination and amendment.
Section 39-15-1125. Certificate of registration; issuance; admissibility as evidence.
Section 39-15-1130. Effective period, registration of mark; renewal.
Section 39-15-1135. Mark and registration, assignment; change of name; recording.
Section 39-15-1140. Registered or renewed marks, public record.
Section 39-15-1145. Registration of mark, cancellation from register; conditions.
Section 39-15-1150. Goods and services, classification.
Section 39-15-1155. Fraudulent filing, registration of mark; liability.
Section 39-15-1160. Liability for unapproved use.
Section 39-15-1170. Action to enjoin counterfeit or imitation use of registered mark; damages.
Section 39-15-1180. Rights in marks not adversely affected by article.