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Session Laws, 1987
Volume 769, Page 131   View pdf image
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WILLIAM DONALD SCHAEFER, Governor                     Ch. 11

The clarification was suggested by the Michie Company.
3-104.

(a) Upon compliance by the applicant with the requirements
of this [subheading] SUBTITLE, the Secretary of State shall cause
a certificate of registration to be issued and delivered to the
applicant. The certificate of registration shall be issued under
the signature of the Secretary of State and the seal of the
State, and it shall show the name and business and address, if a
corporation, the state of incorporation, of the person claiming
ownership of the mark, the date claimed for the first use of the
mark anywhere and the date claimed for the first use of the mark
in this State, the class of goods or services and a description
of the goods or service on which the mark is used, a reproduction
of the mark, the registration date and the term of the
registration.

(c) Before the Secretary of State decides that an applicant
has not complied with the requirements of this [subheading]
SUBTITLE and for that reason may not be issued a certificate of
registration, he shall provide the applicant an opportunity to
appear personally before him in order to explain the apparent
noncompliance with such requirements.

3-105.

(e)  The Secretary of State shall within six months after
June 1, 1954, notify all registrants of marks under previous acts
of the date of expiration of such registrations unless renewed in
accordance with the provisions of this [subheading] SUBTITLE by
writing to the last known address of the registrants.

(f)  All applications for renewals under this [subheading]
SUBTITLE,   whether of registrations made under this [subheading]
SUBTITLE     or of registrations effected under any prior act, shall
include a   statement that the mark is still in use in this State.

3-106.

Any mark and its registration hereunder shall be assignable
with the good will of the business in which the mark is used, or
with that part of the good will of the business connected with
the use of and symbolized by the mark. Assignment shall be by
instruments in writing duly executed and may be recorded with the
Secretary of State upon the payment of a fee of five dollars
($5.00) payable to the Secretary of State 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 [subheading] SUBTITLE shall be void as against any
subsequent purchaser for valuable consideration without notice
unless it is recorded with the Secretary of State within three

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Session Laws, 1987
Volume 769, Page 131   View pdf image
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