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 102 – Relation to federal law.
70-3a-102. Relation to federal law. (1) This chapter shall be interpreted to provide for the registration and protection of trademarks and service marks in a manner substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946, 15 U.S.C. Sec. 1051, et seq. (2) In interpreting this chapter, a […]
Section 103 – Definitions — Use — Service marks.
70-3a-103. Definitions — Use — Service marks. (1) As used in this chapter: (a) “Abandoned mark” means a mark whose: (i) use has been discontinued with no intent to resume use; or (ii) significance as a mark has been lost due to any course of conduct of the owner, including acts of omission or commission. […]
Section 104 – Common law rights.
70-3a-104. Common law rights. This chapter does not adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. Enacted by Chapter 318, 2002 General Session
Section 201 – Rulemaking authority of division.
70-3a-201. Rulemaking authority of division. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may by rule: (1) pursuant to Subsection 70-3a-302(1), establish the filing requirements for an application for a registration of a mark; (2) pursuant to Subsection 70-3a-303(2), establish what information in addition to the information contained in the […]
Section 202 – Records.
70-3a-202. Records. The division shall keep for public examination a record of: (1) all marks registered or renewed under this chapter; and (2) all documents recorded under Section 70-3a-306. Enacted by Chapter 318, 2002 General Session
Section 203 – Fees.
70-3a-203. Fees. (1) (a) A fee shall be determined by the division in accordance with the requirements of Section 63J-1-504, but may not exceed $250 annually for electronic registration of a mark in a single class. (b) A person who pays the annual fee for the electronic registration of a mark may register additional classes […]
Section 301 – Registrability.
70-3a-301. Registrability. (1) A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others may not be registered if it: (a) consists of or comprises immoral, deceptive, or scandalous matter; (b) consists of or comprises matter that may: (i) disparage or falsely suggest […]
Section 302 – Application for registration.
70-3a-302. Application for registration. (1) (a) Subject to the limitations in this chapter, any person who uses a mark may file with the division an application for registration of that mark. (b) The registration described in Subsection (1)(a) shall be filed in accordance with rules: (i) made by the division in accordance with Section 70-3a-201; […]