76-16-305. Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession.
234 words·~1 min read·
/ut/title-76/chapter-16/76-16-305A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
76-16-305. Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession.
(1)Terms defined in Sections 76-1-101.5 , 76-16-101 , and 76-16-301 apply to this section.
(2)An actor commits using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession if the actor, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, and with the intent to deprive the owner of the use or possession of the article:
(a)uses, destroys, conceals, or possesses the article; or
(b)defaces or otherwise conceals the trademark or service mark on the article.
(3)A violation of Subsection
(2)is a class B misdemeanor.
(4)This section does not apply to the transfer or use of a wooden box or the re-use of a burlap or cotton bag or sack when the bag or sack has been reversed inside out or the markings on the box, bag, or sack have been concealed or obliterated to effectively demonstrate that the product contained in the box, bag, or sack does not purport to be the product of the owner of the registered trademark or service mark that appeared on the box, bag, or sack.
Renumbered and Amended by Chapter 173 , 2025 General Session