Utah Code 70-3a-306. Assignments — Changes of name — Other instruments — Security interests

(1)

Terms Used In Utah Code 70-3a-306

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

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Person: means :Utah Code 68-3-12.5

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

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

Writing: includes :Utah Code 68-3-12.5

(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 will of the business connected with the use of and symbolized by the mark.

(b)

An assignment under this section:

(i)

shall be:

(A)	in writing; and

(B)	properly executed; and

(ii)

may be filed with the division by:

(A)	filing a form provided by the division; and

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

(c)	Upon the filing of an assignment, the division shall certify that the assignment has been filed.

(d)

An assignment of any registration under this chapter is void as against any subsequent purchaser for valuable consideration without notice, unless the assignment is filed with the division:

(i)	within three months after the date of the assignment; or

(ii)	before the subsequent purchase.

(2)

Any registrant or applicant may change the name of the person or business to whom the mark is issued or for whom an application is filed by:

(a)	filing two copies of a certificate of change of name of the registrant or applicant with the division; and

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

(3)

(a)

A person may file another instrument that relates to a mark registered or application pending under this chapter:

(i)	in the discretion of the division; and

(ii)

if the instrument is:

(A)	in writing; and

(B)	properly executed.

(b)

An instrument that may be filed under this Subsection (3) includes:

(i)	a license;

(ii)	a security interest; or

(iii)

a mortgage.

(4)

An acknowledgment by the assignor or person whose interest in a mark is adversely effected by the instrument:

(a)	is prima facie evidence of the execution of an assignment or other instrument; and

(b)	when filed by the division, is prima facie evidence of execution of the assignment or other instrument.

Amended by Chapter 258, 2008 General Session

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Utah Code 70-3a-306. Assignments — Changes of name — Other instruments — Security interests — Acknowledgments

Terms Used In Utah Code 70-3a-306