SECTION 93.132. Requirements for Recordation of Other Instruments

(a) An instrument relating to the transfer of ownership of a mark or pending application (such as a certificate of merger or conversion) or a document effecting a name change (other than a change of entity), may be recorded with the Secretary of State. Each document may be recorded if it meets the following requirements:

(1) it is an instrument authorized by law to be recorded or filed and in fact is recorded or filed in a public office and the copy of the instrument is certified by the appropriate official or authority;

(2) the instrument is not authorized by law to be recorded or filed, but is the type of instrument which would be recorded and filed in the records of the Secretary of State if the business entity were a corporation;

(3) the certified copy of the instrument is in English or, if not in English, it is accompanied by a translation signed by the translator; and

(4) the certified copy is accompanied by a cover sheet, signed by the registrant or transferee or an agent of the registrant or transferee, which includes the following information:

(A) an identification of the mark, including the certificate of registration number and date of registration;

(B) the name of the registrant/transferor conveying the interest and the name and address of the transferee receiving the interest; and

(C) a concise description of the transaction being recorded.

(b) The certified copy of the instrument and accompanying cover sheet should be submitted with the filing fee to the Secretary of State. A corporation or other business entity which has filed the instrument to be recorded with the Corporations Section of the Secretary of State may provide an additional statement on the cover sheet identifying the instrument filed and the date of its filing with the Secretary of State in lieu of a certified copy of the instrument.

(c) Upon compliance with the provisions of this section, the Secretary of State shall file the instrument, and return a filed stamped copy if a duplicate copy was provided for such purpose.

(d) Upon written request of the registrant or transferee, or an agent of the registrant or transferee, the Secretary of State will send the registrant or transferee a new certificate of registration issued in the registrant's new name or in the transferee's name for the remainder of the mark's term of registration, or the remainder of the mark's term of renewal. The request for the new certificate must be accompanied by the fee established for a new or corrected certification pursuant to §93.151 of this title (relating to Recordation Fees). For those marks originally filed before September 1, 2012, the request must also include the information required by §93.31(b)(1) - (8) of this title (relating to Application Requirements), as well as a drawing sheet that complies with Subchapter E of this chapter (relating to the Drawing).

Source Note: The provisions of this §93.132 adopted to be effective September 1, 2012, 37 TexReg 6287; amended to be effective October 6, 2014, 39 TexReg 7911