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Trademarks and Trade Names | |
Registration and Protection of Trademarks and Service Marks Act | |
Section 401 | Fraudulent registration. |
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70-3a-401. Fraudulent registration. (1) A person is civilly liable to pay all damages resulting from a filing or registration under this chapter if: (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 |
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