This page was last updated in March 2000. You may return to one either the section index , or to the key word index . A registered mark or a mark for which application to register has been filed shall be 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. In any assignment authorized by this section it shall not be necessary to include the goodwill of the business connected with the use of and symbolized by any other mark used in the business or by the name and style under which the business is conducted.
Assignment means . . .
As a general rule, the Patent and Trademark Office will not examine proposed assignments to determine compliance with this provision. However, the examining attorney will inquire to determine whether an assignment conforms to the requirements of the provision if the question is raised by the information of record. If the examining attorney issues an inquiry as to compliance, the applicant's response that the assignment was in compliance with the law is sufficient to resolve the issue. Regarding when an examining attorney should make such an inquiry, the governing principle is that the Office will not investigate or evaluate the validity of assignments. This issue is more appropriate for resolution in an inter partes proceeding.