4-24-201. Central Brand Registry — Division of state into brand districts — Identical or confusingly similar brands — Publication of registered brands.
| (1) |
The department shall maintain a central Brand Registry that lists each brand recorded in this state. For each brand registered the list shall specify:
Terms Used In Utah Code 4-24-201- Brand: means an identifiable mark, including a tattoo or cutting and shaping of the ears or brisket area, applied to livestock that is intended to show ownership and the mark's location. See Utah Code 4-24-102
- Commissioner: means the commissioner of agriculture and food. See Utah Code 4-1-109
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Livestock: means cattle, calves, horses, mules, sheep, goats, or hogs. See Utah Code 4-24-102
- Organization: means a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity. See Utah Code 4-1-109
- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- 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) |
the name and address of the registrant; |
| (b) |
a facsimile or diagram of the brand recorded; |
| (c) |
the location of the brand upon the animal; and |
| (d) |
the date the brand is filed in the central Brand Registry. |
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| (2) |
The commissioner may divide the state into districts for the purpose of recording brands, but a brand that is identical or confusingly similar to a brand previously recorded in a district may not be recorded. |
| (3) |
| (a) |
A brand that is identical or confusingly similar to a brand previously filed in the central Brand Registry may not be recorded. |
| (b) |
If two or more brands appear identical or confusingly similar:
| (i) |
the brand first recorded shall prevail over a later conflicting brand; and |
| (ii) |
the later brand shall be cancelled and the recording fees refunded to the owner. |
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| (4) |
| (a) |
The commissioner shall publish from time to time a list of all brands recorded in the central Brand Registry and may issue supplements to that publication containing additional brands or changes in ownership of brands recorded after the last publication. |
| (b) |
The publication published under Subsection (4)(a) shall contain a facsimile or diagram of all brands recorded together with the owner’s name and address. |
| (c) |
The commissioner shall, upon request, send one copy of the publication published under Subsection (4)(a) and each supplement to each brand inspector, county clerk, county sheriff, livestock organization, or any other person considered appropriate. |
| (d) |
The department shall make publications under this Subsection (4) available to the public at the cost of printing and distribution per publication. |
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Amended by Chapter 295, 2021 General Session
