Tex. Bus. & Com. Code § 16.061 · Subchapter B. REGISTRATION OF MARK
ASSIGNMENT OF MARK AND REGISTRATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A mark and its registration under this chapter are 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.
(b) An assignment must be made by a properly executed written instrument and may be recorded with the secretary of state by:
(1) filing the assignment; and
(2) paying a recording fee to the secretary of state.
(c) If an assignment has been properly filed for record under Subsection (b), the secretary of state shall issue in the assignee's name a new certificate of registration for the remainder of the term of the mark's registration or last renewal.
(d) The assignment of a mark registered under this chapter is void against a purchaser who purchases the mark for valuable consideration after the assignment is made and without notice of it unless the assignment is recorded by the secretary of state:
(1) not later than the 90th day after the date of the assignment; or
(2) before the mark is purchased.
(e) An acknowledgment is prima facie evidence of the execution of an assignment, and when recorded by the secretary of state, the record is prima facie evidence of execution.
Notes and commentary — not statutory text
History
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm
- Text hash
- sha256 6cb4f67764851295e930bc97e6946bae6d3f161b13e878c3dfbd5f8b3a86ecad
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
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Business & Commerce Code
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