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Trademarks and Trade Names | |
Registration and Protection of Trademarks and Service Marks Act | |
Section 305 | Duration and renewal. |
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70-3a-305. Duration and renewal. (1) The registration of a mark under this chapter expires five years after the date the division certifies the registration under Section 70-3a-304. (2) A registration may be renewed for an additional five years from the date a registration expires if the registrant: (a) files an application with the division: (i) at least six months before the expiration of the registration; and (ii) in accordance with the requirements made by rule by the division: (A) pursuant to Section 70-3a-201; and (B) consistent with this section; and (b) pays a renewal fee determined by the division in accordance with Section 70-3a-203. (3) If a registrant complies with this section, the registrant may renew a mark at the expiration of each five-year term. (4) (a) A registration in effect before May 6, 2002: (i) shall continue in full force and effect for the registration's unexpired term; and (ii) may be renewed by: (A) filing an application for renewal with the division: (I) within six months before the expiration of the registration; and (II) in accordance with rules made by the division pursuant to Section 70-3a-201; and (B) paying the required renewal fee determined by the division in accordance with Section 70-3a-203. (b) If a registration in effect before May 6, 2002, is renewed in accordance with this Subsection (4), the registration shall be renewed for a term of five years. (5) Any application for renewal under this chapter, whether a registration made under this chapter or a registration made under a prior Utah statute, shall include: (a) a verified statement that the mark has been and is still in use; and (b) (i) a specimen showing actual use of the mark on or in connection with the goods or services; or (ii) a verified statement that the mark has not changed.
Amended by Chapter 368, 2009 General Session |
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