70-3a-305. Duration and renewal.
329 words·~1 min read·
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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)no sooner than six months before the expiration of the registration and no later than six months after the expiration of the registration; and
(ii)in accordance with the requirements made by rule by the division:
(A)pursuant to Section 70-3a-201 ; and
(B)consistent with this section; and
(b)pays a renewal fee determined by the division in accordance with Section 70-3a-203 .
(3)If a registrant complies with this section, the registrant may renew a mark at the expiration of each five-year term.
(a)A registration in effect before May 6, 2002:
(i)shall continue in full force and effect for the registration's unexpired term; and
(ii)may be renewed by:
(A)filing an application for renewal with the division:
(I)within the time prescribed in Subsection (2)(a)(i) ; and
(II)in accordance with rules made by the division pursuant to Section 70-3a-201 ; and
(B)paying the required renewal fee determined by the division in accordance with Section 70-3a-203 .
(b)If a registration in effect before May 6, 2002, is renewed in accordance with this Subsection
(4), the registration shall be renewed for a term of five years.
(5)Any application for renewal under this chapter, whether a registration made under this chapter or a registration made under a prior Utah statute, shall include:
(a)a verified statement that the mark has been and is still in use; and
(i)a specimen showing actual use of the mark on or in connection with the goods or services; or
(ii)a verified statement that the mark has not changed.
Amended by Chapter 58 , 2012 General Session