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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Last revised: Thursday, May 28, 2009