501.01 Assignability of Marks in Applications and Registrations
15 U.S.C. §1060(a)
A registered mark or a mark for which an application to
register has been filed 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. Notwithstanding the preceding sentence,
no application to register a mark under section 1(b) shall be assignable prior to the
filing of an amendment under section 1(c) to bring the application into conformity
with section 1(a) or the filing of the verified statement of use under section 1(d),
except for an assignment to a successor to the business of the applicant, or portion
thereof, to which the mark pertains, if that business is ongoing and existing.
In any assignment authorized by this section, it shall not
be necessary to include the good will of the business connected with the use of and
symbolized by any other mark used in the business or by the name or style under which
the business is conducted.
Assignments shall be by instruments in writing duly
37 C.F.R. §3.1 (Extract)
*** Assignment means a transfer by a party of all or part of its right, title and interest in a patent, patent application, registered mark or a mark for which an application to register has been filed.