Superseded 7/1/2024)
70-3a-405. Forum for actions regarding registration — Service on out-of-state registrants.
| (1) |
Terms Used In Utah Code 70-3a-405- 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
- Registrant: means :
| (i) | the person to whom the registration of a mark under this chapter is issued; and |
| (ii) | a legal representative, successor, or assign of a person described in Subsection (1)(f)(i). 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
|
| (a) |
An action to require the cancellation of a mark registered under this chapter shall be brought in a district court of this state. |
| (b) |
The division may not be made a party to an action filed under Subsection (1)(a), except that the division may intervene in an action filed under Subsection (1)(a). |
| (2) |
In any action brought against a nonresident registrant, service may be effected upon the nonresident registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Section 16-10a-1511. |
Enacted by Chapter 318, 2002 General Session
|
