Title 70 Trademarks and Trade Names Chapter 3a Registration and Protection of Trademarks and Service Marks Act Section 401 Fraudulent registration.
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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