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RA 166 CHAPTER VIII.—Assignment and Transmission of Rights

Section 31–32 · 2 provisions

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails.Read the official text ↗

Rights assignable and form of assignment.

Section 31

SEC. 31. Rights assignable and form of assignment.—A registered mark or trade-name, or one for which application to register has been filed shall be assignable with the goodwill of the business in which the mark or trade-name is used, or with that part of the goodwill of the business connected with the use of and symbolized by the mark or trade-name, and in any such assignment it shall not be necessary to include the goodwill of the business connected with the use of and symbolized by any other mark or trade-name used in the business or by the name or style under which the business is conducted. Upon payment of the required fee, the Director shall record assignments in due form in books kept for that purpose. The assignment must be in writing, acknowledged before a notary public or other officer authorized to administer oaths or perform other notarial acts and certified under the hand and official seal of the notary or other officer. An assignment shall be void as against any subsequent purchaser for a valuable consideration without notice, unless it is recorded in the Patent Office within, three months after the date thereof or prior to such subsequent purchase.

Issuance of certificate of registration to assignee.

Section 32

SEC. 32. Issuance of certificate of registration to assignee.—A certificate of registration of a mark or trade-name may be issued to the assignee of the applicant, but the assignment must first be recorded in the Patent Office.In case of change of ownership the Director shall, at the request of the owner and upon proper showing and payment of the required fee, issue to such assignee a new certificate of registration of the said mark or trade-name in the name of such assignee, and for the unexpired part of the original period.

Back to RA 166 — full text

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Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).