70-3a-401. Fraudulent registration.

132 words·~1 min read·/ut/title-70/chapter-3a/70-3a-401

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

(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 who procures the filing or registration procures it by:

(i)knowingly making a false or fraudulent representation or declaration, orally or in writing; or

(ii)any other fraudulent means.

(2)Damages sustained as a result of a filing or registration described in Subsection

(1)may be recovered:

(a)by or on behalf of the person injured by the filing or registration; and

(b)in any court of competent jurisdiction.

Enacted by Chapter 318 , 2002 General Session