In the case of a present assignment for security, there normally will be a license back to use the trademark. As is the case with any trademark license, it is necessary that the licensor exercise firm control over the nature and quality of the goods or services made or sold under the licensed mark. This is not a question of contract language, but of real, exercised control. Perfecting the paperwork Perfection of a security interest, that is securing one's place in line for recovery of property or funds in case of default, requires recording of that interest in a location specified by law as the place where others in similar circumstance are required to look to assess the status of the secured property. For trademarks, the law is less clear.
Foreign countries have similar requirements.
The grant of a security interest or a conditional assignment, on the other hand, is not a transfer of a present right. Recordation of such potential transfers is permissive, not mandatory. Under the UCC, trademarks are defined as general intangibles with no physical location, and must be treated accordingly. Under UCC Article 9, perfection of a security interest in general intangibles is achieved by recording a UCC-1 financing statement listing the interests secured with the Secretary of State for the state where the party granting the security interest has its principal place of business or residence. Also, where the grant of security interest includes goodwill associated with the trademark, and that goodwill includes physical property such as manufacturing facilities and plants, recording the interests with local authorities is recommended.