| (1) |
If an applicant fully complies with this chapter, the division shall:
Terms Used In Utah Code 70-3a-304- Applicant: means :
| (i) | the person filing an application for registration of a mark under this chapter; and |
| (ii) | a legal representative, successor, or assign of a person described in Subsection (1)(b)(i). See Utah Code 70-3a-103- Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mark: means any trademark or service mark entitled to registration under this chapter whether or not the trademark or service mark is registered. See Utah Code 70-3a-103
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
|
| (a) |
certify the registration; and |
| (b) |
provide to the applicant documentation that the registration is certified. |
| (2) |
The documentation described in Subsection (1) shall:
| (a) |
be affixed to the application of the applicant; or |
| (b) |
include the information that is required to be in an application under Subsections 70-3a-302(1)(c)(i) through (iii). |
|
| (3) |
The following are admissible in evidence as competent and sufficient proof of the registration of the particular mark in any action or judicial proceeding in any court of this state:
| (a) |
the documentation described in Subsection (1)(b) that is provided by the division; or |
| (b) |
a copy of the documentation described in Subsection (1)(b) if the copy is certified by the division. |
|
| (4) |
Documentation of the certification of an electronically registered mark shall be provided through the database created under Section 70-3a-501. |
Amended by Chapter 258, 2008 General Session
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