Title 70, Trademarks and Trade Names

70-3a-101. Title. This chapter is known as the "Registration and Protection of Trademarks and Service Marks Act."

70-3a-102. Relation to federal law. (1) This chapter shall be interpreted to provide for the registration and protection of trademarks and service marks in a manner substantially consistent with the federal system of trademark registration and protection under the Trademark Act o…

70-3a-103. Definitions -- Use -- Service marks. (1) As used in this chapter: (a) "Abandoned mark" means a mark whose: (i) use has been discontinued with no intent to resume use; or (ii) significance as a mark has been lost due to any course of conduct of the owner, including acts…

70-3a-104. Common law rights. This chapter does not adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law.

70-3a-201. Rulemaking authority of division. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may by rule: (1) pursuant to Subsection 70-3a-302(1), establish the filing requirements for an application for a registration of a mark; (2) purs…

70-3a-202. Records. The division shall keep for public examination a record of: (1) all marks registered or renewed under this chapter; and (2) all documents recorded under Section 70-3a-306.

70-3a-203. Fees. (1)(a) A fee shall be determined by the division in accordance with the requirements of Section 63J-1-504, but may not exceed $250 annually for electronic registration of a mark in a single class. (b) A person who pays the annual fee for the electronic registrati…

70-3a-301. Registrability. (1) A mark by which the goods or services of an 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 c…

70-3a-302. Application for registration. (1)(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 ru…

70-3a-303. Filing of applications. (1) The division may examine an application to determine whether the application conforms with this chapter if: (a) the application for registration is filed under Section 70-3a-302; and (b) the fee required by Section 70-3a-203 is paid. (2) If …

70-3a-304. Certification of registration. (1) If an applicant fully complies with this chapter, the division shall: (a) certify the registration; and (b) provide to the applicant documentation that the registration is certified. (2) The documentation described in Subsection (1) s…

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 expire…

70-3a-306. Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments. (1)(a) A mark and the mark's registration under this chapter is assignable with: (i) the good will of the business in which the mark is used; or (ii) that part of the good wil…

70-3a-307. Cancellation. (1) The division shall cancel, in whole or in part: (a) a registration of mark for which the division receives a voluntary request for the registration's cancellation from: (i) the registrant; or (ii) the assignee of record; (b) a registration of a mark: …

70-3a-308. Classification. (1)(a) Except as provided in Subsection (1)(b), in administering this chapter, the division shall for the purposes of classifying: (i) goods, use the general classes of goods designated in 37 C.F.R. 6.1; and (ii) services, use the general classes of ser…

70-3a-309. Cybersquatting. (1)(a) A person is liable in a civil action by the owner of a mark, including a personal name, which is a mark for purposes of this section, if, without regard to the goods or services of the person or the mark's owner, the person: (i) has a bad faith i…

70-3a-401. Fraudulent registration. (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…

70-3a-402. Infringement. (1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil action brought by the registrant for any and all of the remedies provided in Section 70-3a-404, if that person: (a) uses a reproduction, counterfeit, copy, or colorable i…

70-3a-403. Injury to business reputation -- Dilution. (1) Subject to the principles of equity and upon the terms the court considers reasonable, the owner of a mark that is famous in this state is entitled to: (a) an injunction against another person's commercial use of a mark, i…

70-3a-404. Remedies. (1)(a) An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark. (b) A court of competent jurisdiction may grant injunctions to restrain the manufacture…

70-3a-405. Forum for actions regarding registration -- Service on out-of-state registrants. (1)(a) A person may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to require the cancellation of a mark registered under this chapter…

70-3a-501. Searchable mark database. (1) The division shall maintain a database that enables a user to: (a) file an application to electronically register a mark; (b) manage existing marks owned by the user; and (c) search for any registered marks. (2)(a) The division may contrac…

70-3a-502. Use of funds collected under this chapter. Notwithstanding Subsections 13-1-2(3)(c) and 70-3a-203(2), any funds collected from the registration of a mark under this chapter or the use of the database in excess of the expense of maintaining the database shall be retaine…