Utah Code 70-3a-302. Application for registration
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Terms Used In Utah Code 70-3a-302
- Applicant: means :(1)(b)(i) the person filing an application for registration of a mark under this chapter; and(1)(b)(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 :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See 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 :
(1)(h)(i)(A) a word, term, name, symbol, design, or device; or(1)(h)(i)(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
(1)(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.(1)(b) The registration described in Subsection(1)(a) shall be filed in accordance with rules:(1)(b)(i) made by the division in accordance with Section70-3a-201 ; and(1)(b)(ii) that are consistent with this section.(1)(c) The application shall:(1)(c)(i) state:(1)(c)(i)(A) the name and business address of the person applying for registration;(1)(c)(i)(B) if a corporation, the state of incorporation; and(1)(c)(i)(C) if a partnership:(1)(c)(i)(C)(I) the state where the partnership is organized; and(1)(c)(i)(C)(II) the names of the general partners, as specified by the division;(1)(c)(ii) specify:(1)(c)(ii)(A) the goods or services on or in connection with which the mark is used;(1)(c)(ii)(B) the mode or manner in which the mark is used on or in connection with those goods or services; and(1)(c)(ii)(C) the class defined pursuant to Section70-3a-308 in which those goods or services fall;(1)(c)(iii) state:(1)(c)(iii)(A) the date when the mark was first used anywhere;(1)(c)(iii)(B) the date when the mark was first used in this state by the applicant or a predecessor in interest;(1)(c)(iii)(C) that the applicant is the owner of the mark;(1)(c)(iii)(D) that the mark is in use; and(1)(c)(iii)(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:(1)(c)(iii)(E)(I) in the mark’s identical form; or(1)(c)(iii)(E)(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;(1)(c)(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:(1)(c)(iv)(A) the applicant; or(1)(c)(iv)(B) if the applicant is not an individual:(1)(c)(iv)(B)(I) an officer of the applicant; or(1)(c)(iv)(B)(II) a partner of a partnership;(1)(c)(v) be filed with the division;(1)(c)(vi) be accompanied by two specimens showing the mark as actually used; and(1)(c)(vii) be accompanied by a fee as determined by the division in accordance with Section70-3a-203 .(1)(d) In addition to the information required by Subsection(1)(c) , the division may require the applicant to provide:(1)(d)(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(1)(d)(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:(2)(a) the filing date and serial number of the application;(2)(b) the status of the application; and(2)(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 Section70-3a-501 .