70-3a-302. Application for registration.

552 words·~3 min read·/ut/title-70/chapter-3a/70-3a-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 ; and

(ii)that are consistent with this section.

(c)The application shall:

(i)state:

(A)the name and business address of the person applying for registration;

(B)if a corporation, the state of incorporation; and

(C)if a partnership:

(I)the state where the partnership is organized; and

(II)the names of the general partners, as specified by the division;

(ii)specify:

(A)the goods or services on or in connection with which the mark is used;

(B)the mode or manner in which the mark is used on or in connection with those goods or services; and

(C)the class defined pursuant to Section 70-3a-308 in which those goods or services fall;

(iii)state:

(A)the date when the mark was first used anywhere;

(B)the date when the mark was first used in this state by the applicant or a predecessor in interest;

(C)that the applicant is the owner of the mark;

(D)that the mark is in use; and

(E)that to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use that mark:

(I)in the mark's identical form; or

(II)in such near resemblance to the mark as to be likely, when applied to the goods or services of the other person, to cause confusion, mistake, or to deceive;

(iv)be signed, including by any signature consistent with the requirement for an electronic signature under 15 U.S.C. Sec. 7001, under penalty of perjury by:

(A)the applicant; or

(B)if the applicant is not an individual:

(I)an officer of the applicant; or

(II)a partner of a partnership;

(v)be filed with the division;

(vi)be accompanied by two specimens showing the mark as actually used; and

(vii)be accompanied by a fee as determined by the division in accordance with Section 70-3a-203 .

(d)In addition to the information required by Subsection (1)(c) , the division may require the applicant to provide:

(i)a statement as to whether an application to register the mark, or portions or a composite of the mark, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; or

(ii)a drawing of the mark, complying with the requirements the division may specify.

(2)If the division requires the statement under Subsection (1)(d)(i) , the applicant shall provide full information with respect to any application filed with the United States Patent and Trademark Office including:

(a)the filing date and serial number of the application;

(b)the status of the application; and

(c)if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for the refusal or lack of registration.

(3)Any materials, information, or signatures required to file an application for a mark may be provided through the database created under Section 70-3a-501 .

Amended by Chapter 368 , 2009 General Session