W. Va. Code R. § 153-29-5

Current through Register Vol. XLI, No. 44, November 1, 2024

Section 153-29-5 - Assignments, Changes and Cancellation

5.1. A registrant may assign the trademark or service mark to another person, record a change of name, or record other instruments relating to the mark or pending application. To assign the mark, the registrant or assignee shall file an instrument in writing signed by the registrant and notarized, either as an original document or a photocopy certified by any of the parties as a true and correct copy of the original. The filing shall be accompanied by the required fee as provided in subdivision 7.1.3. of this rule.

5.2. A registrant may record an assignment of the mark to another person with the Secretary of State, and the secretary shall issue in the name of the assignee or successor in interest a new certificate for the remainder of the term of the registration or renewal.

5.3. A registrant or applicant whose name is changed during the period of registration or application may record a certificate of change of name with the Secretary of State.

5.4. Upon filing the change of name, the Secretary of State shall issue a registrant a certificate for the remainder of the term in the new name, and shall attach the change of name to the application.

5.5. The registrant or successor in interest may voluntarily cancel the registration of a mark upon filing of an request signed by the registrant or authorized representative of the registrant or sucessor in interest and acknowledged before a notary public, providing the request is accompanied by the required fee as provided in subdivision 7.1.3. of this rule.

W. Va. Code R. § 153-29-5