Section 501 – Searchable mark database.
70-3a-501. Searchable mark database. (1) The division shall maintain a database that enables a user to: (a) file an application to electronically register a mark; (b) manage existing marks owned by the user; and (c) search for any registered marks. (2) (a) The division may contract with a person to maintain and operate the database. […]
Section 502 – Use of funds collected under this chapter.
70-3a-502. Use of funds collected under this chapter. Notwithstanding Subsections 13-1-2(3)(c) and 70-3a-203(2), any funds collected from the registration of a mark under this chapter or the use of the database in excess of the expense of maintaining the database shall be retained as dedicated credits to be used by the division to: (1) promote […]
Section 402 – Infringement.
70-3a-402. Infringement. (1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil action brought by the registrant for any and all of the remedies provided in Section 70-3a-404, if that person: (a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter: (i) without the […]
Section 403 – Injury to business reputation — Dilution.
70-3a-403. Injury to business reputation — Dilution. (1) Subject to the principles of equity and upon the terms the court considers reasonable, the owner of a mark that is famous in this state is entitled to: (a) an injunction against another person’s commercial use of a mark, if the use: (i) begins after the mark […]
Section 404 – Remedies.
70-3a-404. Remedies. (1) (a) An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. (b) A court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be considered by […]
Section 405 – Forum for actions regarding registration — Service on out-of-state registrants.
70-3a-405. Forum for actions regarding registration — Service on out-of-state registrants. (1) (a) An action to require the cancellation of a mark registered under this chapter shall be brought in a district court of this state. (b) The division may not be made a party to an action filed under Subsection (1)(a), except that the […]
Section 305 – Duration and renewal.
70-3a-305. Duration and renewal. (1) The registration of a mark under this chapter expires five years after the date the division certifies the registration under Section 70-3a-304. (2) A registration may be renewed for an additional five years from the date a registration expires if the registrant: (a) files an application with the division: (i) […]
Section 306 – Assignments — Changes of name — Other instruments — Security interests — Acknowledgments.
70-3a-306. Assignments — Changes of name — Other instruments — Security interests — Acknowledgments. (1) (a) A mark and the mark’s registration under this chapter is assignable with: (i) the good will of the business in which the mark is used; or (ii) that part of the good will of the business connected with the […]
Section 307 – Cancellation.
70-3a-307. Cancellation. (1) The division shall cancel, in whole or in part: (a) a registration of mark for which the division receives a voluntary request for the registration’s cancellation from: (i) the registrant; or (ii) the assignee of record; (b) a registration of a mark: (i) granted under this chapter; and (ii) not renewed in […]
Section 308 – Classification.
70-3a-308. Classification. (1) (a) Except as provided in Subsection (1)(b), in administering this chapter, the division shall for the purposes of classifying: (i) goods, use the general classes of goods designated in 37 C.F.R. 6.1; and (ii) services, use the general classes of services designated in 37 C.F.R. 6.1. (b) If the United States Patent […]