Section 401 – Fraudulent registration.
70-3a-401. Fraudulent registration. (1) A person is civilly liable to pay all damages resulting from a filing or registration under this chapter if: (a) that person procures the filing or registration of any mark: (i) for the person who procures the filing or registration; or (ii) on behalf of another person; and (b) the person […]
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 […]