Assignment Of A Trade Or Service Mark Form 903
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4Form 903—Instructions
(Assignment of a Trade or Service Mark)
The attached form is designed to meet minimal statutory filing requirements pursuant to the
relevant code provisions. The form and the information provided are not substitutes for the advice and
services of an attorney.
General Information
A trademark or service mark registered in Texas is 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. The assignment of registered marks is accomplished under the authority of
section 16.061, Texas Business and Commerce Code. An assignment may be made only by a duly
executed written instrument.
Assignment Void if not Recorded. The assignment of a registered mark registered 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.
Effect of Assignment. When an assignment is properly filed, the secretary of state will issue a certificate
of registration in the assignee’s name for the remainder of the mark’s registration period or last renewal.
If the assignment cannot be filed before the registration term expires, a new application for registration
must be made.
Instructions for Assignment Form
Type or print in black ink in English, subject to the provisions of 1 Texas Administrative Code Chapter
93. Use of the assignment form is recommended, but not mandatory.
Item 1:
Name of Assignor. The assignor should be the registrant of record. If the assignor is not
the registrant of record, additional filings may be required before the assignment may be
recorded and filed.
Item 2:
Business Address. Provide the business address of the assignor.
Item 3:
The description of the mark, registration number, and original date of registration may be
obtained from the original Certificate of Registration.
Item 4:
Name of Assignee. The assignee should be the person to whom the assignor will assign all
right, title and interest in and to the mark and its registration, together with the goodwill
of the business with which the mark is used, or that part of the goodwill connected with
the use of, and symbolized by, the mark. If the assignee is an individual sole proprietor
doing business under an assumed name (“d/b/a”), provide the individual’s name,
followed by the assumed name of the business. If the assignee is a general partnership or
joint venture, provide the name of the partnership or joint venture. If the assignee is an
organized entity, such as a corporation, limited liability company, or limited partnership,
provide the legal name of the organized entity as shown in its formation document (e.g.,
ABC Business Company, Inc.).
Form 903
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Parent category: Business