(a) Assignments of registered marks may be recorded with the Secretary of State. An assignment may be recorded if it meets the following requirements:
- (1) it is a written instrument executed by the registrant (assignor);
- (2) it identifies the certificate of registration by registration number and date of registration (this information may be submitted as a separate statement if it is not contained within the assignment document);
- (3) it is in English or, if not in English, it is accompanied by a translation signed by the translator; and
- (4) it contains the name and address of the assignee (this information may be submitted as a separate statement if it is not contained within the assignment document).
- (b) The original or a copy of the assignment should be submitted with the filing fee to the Secretary of State.
- (c) If the original registration for the mark was filed before September 1, 2012, the assignment must include the information required by §93.31(b)(1) - (8) of this title (relating to Application Requirements), as well as a drawing sheet that complies with Subchapter E of this chapter (relating to the Drawing).
- (d) Upon compliance with provisions of this section, the Secretary of State also will issue the assignee a new certificate of registration issued in the assignee's name for the remainder of the mark's term of registration, or the remainder of the mark's last term of renewal.
Source Note:The provisions of this §93.131 adopted to be effective September 1, 2012, 37 TexReg 6287; amended to be effective October 6, 2014, 39 TexReg 7911.