Section 202 – Recordation of brand.

• (1)
  • (a) Application for a recorded brand shall be made to the department upon forms prescribed and furnished by the department.
  • (b) The application shall contain the following information:
    • (i) the name of each applicant;
    • (ii) a single designated address where the department will send a notice of brand renewal; and
    • (iii) a description of the brand that is the subject of the application.
  • (c) An application may not be approved without payment of the appropriate recording fee.
  • (d) Upon receipt of a proper application, payment of the recording fee, and recordation of the brand in the central Brand Registry of the department, the commissioner shall issue the applicant a certified copy of recording that entitles the applicant to the exclusive use of the brand recorded.

• (2)
  • (a) A recorded brand filed with the central Brand Registry expires during the calendar year 1980, and during each fifth year thereafter.
  • (b)
    • (i) The department shall send notice in writing to the address designated under Subsection (1)(b)(ii) within a reasonable time before the date of expiration of recordation.
    • (ii) The notice required by this Subsection (2)(b) may be provided by email or regular mail at the department’s discretion.
    • (iii) The holder of a registered brand has an affirmative duty to inform the department of a change to the contact information provided on the initial application for a recorded brand.
  • (c) Brand renewal is affected by filing an appropriate application with the department together with payment of the renewal fee.
  • (d) A recorded brand, not timely renewed, shall lapse and be removed from the central Brand Registry.

Amended by Chapter 79, 2022 General Session
Amended by Chapter 295, 2021 General Session