Title 30, Title 30

Unless otherwise agreed, a product of the mind in the production of which several persons are jointly concerned is owned by them as follows: (1) if the product is single, in equal proportions; (2) if it is not single, in proportion to the contribution of each.

The owner of any product of the mind or of any representation or expression of a product of the mind may transfer the owner's interest in the product.

If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person without responsibility to the owner, so far as the law of this state is concerned.

If the owner of a product of the mind does not make the product public, any other person subsequently and originally producing the same thing has the same right in the product as the prior author, which is exclusive to the same extent against all persons except the prior author o…

Letters and other private communications in writing belong to the person to whom they are addressed and delivered, but they cannot be published against the will of the writer except by authority of law.

As used in 30-13-141 through 30-13-147, the following definitions apply: (1) "Owner" means the person who owns the original fixation of sounds embodied in a master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph …

(1) No person may knowingly, without the consent of the owner, transfer or cause to be transferred any sounds recorded on a sound recording with the intent to sell or cause to be sold for profit any sound recordings onto which such sounds are transferred or to use such sound reco…

(1) No person may knowingly, or with reasonable grounds to know, advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recording that has been produced without the consent of the owner. Possession of 5 or more duplicate copies o…

(1) No person may advertise, offer for sale or resale, sell or resell, or distribute or possess for such purposes any sound recording unless the outside cover, box, or jacket clearly and conspicuously discloses the name and address of its manufacturer and the name of the performe…

Any article produced in violation of 30-13-142 through 30-13-144 and any equipment used to produce it are subject to forfeiture to and destruction by the appropriate law enforcement agency.

Sections 30-13-141 through 30-13-147 do not apply to: (1) any broadcaster who, in connection with a radio, television, or cable broadcast transmission or for the purpose of archival preservation, transfers any sounds recorded on a sound recording; (2) any person who transfers suc…

Sections 30-13-141 through 30-13-147 neither enlarge nor diminish the rights of parties in civil litigation.

As used in 30-13-151 through 30-13-154, the following definitions apply: (1) "Affiliated person" means a person under common ownership or control of an intended recipient. (2) "Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or serv…

(1) A person may not, in connection with the assertion of a United States patent, send or cause a person to send a written or electronic communication stating in bad faith that the intended recipient or an affiliated person is infringing or has infringed a patent and bears liabil…

(1) The attorney general may enforce 30-13-151 through 30-13-154 and conduct civil investigations and bring civil actions for violations of 30-13-151 through 30-13-154. (2) In an action brought by the attorney general under 30-13-151 through 30-13-154, the court may award or impo…

A court may award the following relief to a plaintiff who prevails in an action brought pursuant to 30-13-151 through 30-13-154: (1) compensatory damages; (2) costs and fees, including reasonable attorney fees; and (3) punitive damages in an amount equal to three times the total …

As used in this part, the following definitions apply: (1) "Assumed business name" means any business name other than the full, true, and correct name of a person. (2) "Business name identifier" means a word or words used by a business entity in its name or title that describes t…

(1) When an application for registration or amendment to the registration of an assumed business name contains an assumed business name that is the same as or not distinguishable on the record from an assumed business name already registered or from any corporate name, limited pa…

A person transacting business in this state under an assumed business name shall register with the secretary of state, on forms furnished by the secretary of state, an application for registration of the assumed business name, including but not limited to the following informatio…

(1) The applicant shall complete and submit an application for registration of an assumed business name along with all applicable fees to the secretary of state. If the secretary of state finds that the application complies with the provisions of this part, the secretary of state…

No foreign corporation or foreign limited partnership which does not have an effective certificate of authority or certificate of registration to transact business in this state may register an assumed business name as provided for in this part.

(1) Registration of an assumed business name is effective for a term of 5 years from the date of registration. Upon application for renewal of registration on forms furnished by the secretary of state, the registration may be renewed for another 5-year term. (2) Not less than 90 …

An application for renewal of registration of an assumed business name must be executed and delivered to the secretary of state. The application must include but is not limited to the following information: (1) the complete assumed business name; (2) the name and business mailing…

If the secretary of state finds that the application complies with the provisions of this part and that all fees have been paid, the secretary of state shall: (1) endorse on the application the word "filed" and the date on which the application was filed; (2) file the application…

An amendment to registration of an assumed business name must be filed with the secretary of state within 1 year after any one of the following events occurs: (1) there is a change in the name or identity of the person or persons transacting or having interest in the business for…

(1) An application for amended registration of an assumed business name must be filed with the secretary of state and must include: (a) the complete assumed business name prior to adoption of the amendment; (b) the complete new assumed business name, if applicable; (c) the name a…

Any authorized person who has not commenced business but intends to commence business may reserve an assumed business name that is not in conflict with the provisions of 30-13-202 for a term of 120 days by delivering to the secretary of state, on forms furnished by the secretary …

The applicant shall complete and submit an application for reservation of an assumed business name and all applicable fees to the secretary of state. If the secretary of state finds the application complies with the provisions of this part, the secretary of state shall: (1) endor…

(1) When the registrant of record of a registered assumed business name wishes to cancel the registration, the registrant shall deliver to the secretary of state a cancellation of registration of an assumed business name form, which must include but not be limited to the followin…

(1) If the only party of interest of an assumed business name is a domestic corporation which has been dissolved, the secretary of state shall cancel the registration. (2) If the only party of interest of an assumed business name is a foreign corporation whose authority to transa…

No person or persons conducting or transacting business in this state without an effective certificate of registration of an assumed business name or having any interest therein may maintain any suit or action in any of the courts of this state under such name.

All certificates issued by the secretary of state in accordance with the provisions of this part and all copies of documents filed in the secretary of state's office in accordance with the provisions of this part when certified by the secretary of state must be taken and received…

(1) The secretary of state shall establish, charge, collect, and deposit, in accordance with 2-15-405: (a) fees for filing documents and issuing certificates pursuant to this part; and (b) miscellaneous charges for other services provided by the secretary of state pursuant to thi…

(1) The execution of any document required to be filed with the secretary of state under this part constitutes an affirmation, under the penalties of false swearing, by each person executing the document that the facts stated in the document are true. (2) The secretary of state s…

Only a city, county, or state central committee of a political party may register an assumed business name on behalf of the central committee. The secretary of state may not accept an application for an assumed business name of a city, county, or state central committee of a poli…

(1) The secretary of state may treat a facsimile copy of a document that is required to be filed under this part and the signatures on the facsimile copy in the same manner as an original for purposes of this part. If all other requirements are met, the date of filing relates bac…

In this part, unless the context requires otherwise, the following definitions apply: (1) "Abandoned" with respect to a mark, means the occurrence of either of the following: (a) when a mark's use has been discontinued with intent not to resume use. Intent not to resume may be in…

(1) A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others may not be registered if it: (a) consists of or comprises immoral, deceptive, or scandalous matter; (b) consists of or comprises matter that may d…

(1) Upon the filing of an application for registration and payment of the application fee, the secretary of state may cause the application to be examined for conformity with this part. (2) The applicant shall provide any additional pertinent information requested by the secretar…

(1) Subject to the limitations set forth in this part, a person who uses a mark may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth information including but not limited …

(1) Upon compliance by the applicant with the requirements of this part, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration must be issued under the signature of the secretary of state and …

(1) Registration of a mark under this part is effective for a term of 5 years from the date of registration, and upon application filed within 6 months prior to the expiration of that term, in a manner complying with the requirements of the secretary of state, the registration ma…

(1) Any mark and its registration under this part may be assigned in conjunction with the good will of the business in which the mark is used or with that part of the good will of the business connected with the use of and symbolized by the mark. An assignment must be by written,…

The secretary of state shall keep for public examination a record of all marks registered or renewed under this part as well as a record of all documents recorded pursuant to 30-13-315.

The secretary of state shall cancel from the register, in whole or in part: (1) any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record; (2) each registration granted under this part and …