Utah Code 70-3a-302. Application for registration

(1)

Terms Used In Utah Code 70-3a-302

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

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

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

Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

Person: means :Utah Code 68-3-12.5

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

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

trademark: means :

(A)	a word, term, name, symbol, design, or device; or

(B)	any combination of words, terms, names, symbols, designs, or devices. See Utah Code 70-3a-103 United States: includes each state, district, and territory of the United States of America. 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
(a)	Subject to the limitations in this chapter, any person who uses a mark may file with the division an application for registration of that mark.

(b)

The registration described in Subsection (1)(a) shall be filed in accordance with rules:

(i)	made by the division in accordance with Section 70-3a-201; and

(ii)	that are consistent with this section.

(c)

The application shall:

(i)

state:

(A)	the name and business address of the person applying for registration;

(B)	if a corporation, the state of incorporation; and

(C)

if a partnership:

(I)	the state where the partnership is organized; and

(II)	the names of the general partners, as specified by the division;

(ii)

specify:

(A)	the goods or services on or in connection with which the mark is used;

(B)	the mode or manner in which the mark is used on or in connection with those goods or services; and

(C)	the class defined pursuant to Section 70-3a-308 in which those goods or services fall;

(iii)

state:

(A)	the date when the mark was first used anywhere;

(B)	the date when the mark was first used in this state by the applicant or a predecessor in interest;

(C)	that the applicant is the owner of the mark;

(D)	that the mark is in use; and

(E)

that to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use that mark:

(I)	in the mark’s identical form; or

(II)	in such near resemblance to the mark as to be likely, when applied to the goods or services of the other person, to cause confusion, mistake, or to deceive;

(iv)

be signed, including by any signature consistent with the requirement for an electronic signature under 15 U.S.C. § 7001, under penalty of perjury by:

(A)	the applicant; or

(B)

if the applicant is not an individual:

(I)	an officer of the applicant; or

(II)	a partner of a partnership;

(v)	be filed with the division;

(vi)	be accompanied by two specimens showing the mark as actually used; and

(vii)

be accompanied by a fee as determined by the division in accordance with Section 70-3a-203.

(d)

In addition to the information required by Subsection (1)(c), the division may require the applicant to provide:

(i)	a statement as to whether an application to register the mark, or portions or a composite of the mark, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; or

(ii)	a drawing of the mark, complying with the requirements the division may specify.

(2)

If the division requires the statement under Subsection (1)(d)(i), the applicant shall provide full information with respect to any application filed with the United States Patent and Trademark Office including:

(a)	the filing date and serial number of the application;

(b)	the status of the application; and

(c)	if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for the refusal or lack of registration.

(3)	Any materials, information, or signatures required to file an application for a mark may be provided through the database created under Section 70-3a-501.

Amended by Chapter 368, 2009 General Session

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