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Illinois Compiled Statutes - Full Text
Illinois Compiled Statutes (ILCS)
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(765 ILCS 1036/35)
Sec. 35.
Assignments, changes of name or address and other
instruments.
(a) Any mark and its registration under this Act shall be
assignable with the goodwill of the business in which the mark
is used, or with that part of the goodwill of the business
connected with the use of and symbolized by the mark. Assignment
shall be on a form furnished by the Secretary and may be recorded
with the Secretary upon the payment of a recording fee of $5
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
thereof. An assignment of any registration under this Act shall be
void as against any subsequent purchaser for valuable consideration
without notice, unless it is recorded with the Secretary within
3 months after the date thereof or prior to such subsequent
purchase.
(b) Any registrant or applicant effecting a change of the name
or address of the person to whom the mark was issued or for whom an
application was filed may record, on a form furnished by the
Secretary, a certificate of change of name or address of the
registrant or applicant with the Secretary upon the payment of a
recording fee of $5. 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 of registration for the remainder of the term of the
registration or last renewal thereof.
(c) Other instruments which relate to a mark registered or
application pending pursuant to this Act, such as, by way of
example, licenses, security interests, or mortgages, may be recorded
in the discretion of the Secretary, provided that instrument
is in writing and duly executed.
(d) Acknowledgement shall be prima facie evidence of the
execution of an assignment or other instrument and when recorded by
the Secretary, the record shall be prima facie evidence of
execution.
(Source: P.A. 90-231, eff. 1-1-98.)
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