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 retained as dedicated credits to be used by the division to:

(1)  promote the electronic registration of marks to holders of federal trademarks;

Terms Used In Utah Code 70-3a-502

  • 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
  • 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
(2)  promote the state as a desirable location for business; and

(3)  provide incentives to businesses considering relocation to the state.

Amended by Chapter 258, 2008 General Session