| (1) |
The division shall maintain a database that enables a user to:
Terms Used In Utah Code 70-3a-501- Contract: A legal written agreement that becomes binding when signed.
- 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
- 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- 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
- 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
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| (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 contract with a person to maintain and operate the database. |
| (b) |
If the division contracts with a person to maintain and operate the database, the person with whom the division contracts may, at the discretion of the division, be responsible for all costs of creating the database and readying it for use. |
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| (3) |
Notwithstanding Subsections 13-1-2(3)(c) and 70-3a-203(2), the database required by Subsection (1) shall be:
| (a) |
directly funded by fees collected for the electronic registration of marks, including funding any data storage costs related to operation of the database; and |
| (b) |
accessible online through the state‘s Internet website. |
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| (4) |
For all registered marks, the database shall include:
| (a) |
the date of a mark’s registration; |
| (b) |
an indication of the mark’s status as active or otherwise; |
| (c) |
any class for which the mark is registered; and |
| (d) |
the name of the registrant. |
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| (5) |
A search of the information in the database that is listed in Subsection (4) shall be available free to any user, without regard to whether the user has an account for use of the database. |
| (6) |
The division may provide other services in connection with the database, for which the division may charge a user. |
| (7) |
A person electronically registering a mark shall be given an account through which the person may access the database to:
| (a) |
review the status of a mark; |
| (c) |
renew, revoke, and assign any mark. |
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Amended by Chapter 258, 2008 General Session
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