1. (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. (1) good will of the business in which the mark is used; or

   2. (2) part of the good will of the business:

      1. (A) connected with the use of the mark; and
      2. (B) symbolized by the mark.

2. (b) An assignment:

   1. (1) must be made by an instrument in writing duly executed; and
   2. (2) may be electronically recorded with the secretary upon the payment of a recording fee to the secretary.

3. (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. (1) registration; or
   2. (2) most recent renewal of the registration.

4. (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. (1) after the date of the assignment; or
   2. (2) before the subsequent purchase.

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.