(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.

Terms Used In Utah Code 70-3a-305

  • Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
  • 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
  • Registrant: means :
(i) the person to whom the registration of a mark under this chapter is issued; and
(ii) a legal representative, successor, or assign of a person described in Subsection (1)(f)(i). See Utah Code 70-3a-103
  • Statute: A law passed by a legislature.
  • Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Utah Code 70-3a-103
    • (2)  A registration may be renewed for an additional five years from the date a registration expires if the registrant:

    (a)  files an application with the division:

    (i)  no sooner than six months before the expiration of the registration and no later than six months after the expiration of the registration; and

    (ii)  in accordance with the requirements made by rule by the division:

    (A)  pursuant to Section 70-3a-201; and

    (B)  consistent with this section; and

    (b)  pays a renewal fee determined by the division in accordance with Section 70-3a-203.

    (3)  If a registrant complies with this section, the registrant may renew a mark at the expiration of each five-year term.

    (4) 

    (a)  A registration in effect before May 6, 2002:

    (i)  shall continue in full force and effect for the registration’s unexpired term; and

    (ii)  may be renewed by:

    (A)  filing an application for renewal with the division:

    (I)  within the time prescribed in Subsection (2)(a)(i); and

    (II)  in accordance with rules made by the division pursuant to Section 70-3a-201; and

    (B)  paying the required renewal fee determined by the division in accordance with Section 70-3a-203.

    (b)  If a registration in effect before May 6, 2002, is renewed in accordance with this Subsection (4), the registration shall be renewed for a term of five years.

    (5)  Any application for renewal under this chapter, whether a registration made under this chapter or a registration made under a prior Utah statute, shall include:

    (a)  a verified statement that the mark has been and is still in use; and

    (b) 

    (i)  a specimen showing actual use of the mark on or in connection with the goods or services; or

    (ii)  a verified statement that the mark has not changed.

    Amended by Chapter 58, 2012 General Session

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