| (1) |
A person is civilly liable to pay all damages resulting from a filing or registration under this chapter if:
Terms Used In Utah Code 70-3a-401- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Writing: includes :Utah Code 68-3-12.5
| (a) |
that person procures the filing or registration of any mark:
| (i) |
for the person who procures the filing or registration; or |
| (ii) |
on behalf of another person; and |
|
| (b) |
the person who procures the filing or registration procures it by:
| (i) |
knowingly making a false or fraudulent representation or declaration, orally or in writing; or |
| (ii) |
any other fraudulent means. |
|
|
| (2) |
Damages sustained as a result of a filing or registration described in Subsection (1) may be recovered:
| (a) |
by or on behalf of the person injured by the filing or registration; and |
| (b) |
in any court of competent jurisdiction. |
|
Enacted by Chapter 318, 2002 General Session
