Utah Code 70-3a-405 v2. Forum for actions regarding registration — Service on out-of-state registrants

Effective 7/1/2024

70-3a-405. Forum for actions regarding registration — Service on out-of-state registrants.

(1)

Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
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
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
(a)	A person may bring an action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to require the cancellation of a mark registered under this chapter.

(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.

Amended by Chapter 401, 2023 General Session