H.B. 295

This document includes House Committee Amendments incorporated into the bill on Tue, Jan 31, 2012 at 2:52 PM by lerror. --> 1

TRADEMARK RENEWAL REVISIONS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brian S. King
5 Senate Sponsor: John L. Valentine
6
7 LONG TITLE
8 General Description:
9 This bill modifies a provision relating to the renewal of a trademark registration.
10 Highlighted Provisions:
11 This bill:
12 . modifies the required time for filing a trademark registration renewal application.
13 Money Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 70-3a-305, as last amended by Laws of Utah 2009, Chapter 368
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 70-3a-305 is amended to read:
23 70-3a-305. Duration and renewal.
24 (1) The registration of a mark under this chapter expires five years after the date the
25 division certifies the registration under Section 70-3a-304 .
26 (2) A registration may be renewed for an additional five years from the date a
27 registration expires if the registrant:

28 (a) files an application with the division:
29 (i) [at least] no sooner than six months before the expiration of the registration and no
30 later than six months after the expiration of the registration; and
31 (ii) in accordance with the requirements made by rule by the division:
32 (A) pursuant to Section 70-3a-201 ; and
33 (B) consistent with this section; and
34 (b) pays a renewal fee determined by the division in accordance with Section
35 70-3a-203 .
36 (3) If a registrant complies with this section, the registrant may renew a mark at the
37 expiration of each five-year term.
38 (4) (a) A registration in effect before May 6, 2002:
39 (i) shall continue in full force and effect for the registration's unexpired term; and
40 (ii) may be renewed by:
41 (A) filing an application for renewal with the division:
42 (I) within H. [ six months before the expiration of the registration ] the time prescribed in
42a Subsection (2)(a)(i) .H ; and
43 (II) in accordance with rules made by the division pursuant to Section 70-3a-201 ; and
44 (B) paying the required renewal fee determined by the division in accordance with
45 Section 70-3a-203 .
46 (b) If a registration in effect before May 6, 2002, is renewed in accordance with this
47 Subsection (4), the registration shall be renewed for a term of five years.
48 (5) Any application for renewal under this chapter, whether a registration made under
49 this chapter or a registration made under a prior Utah statute, shall include:
50 (a) a verified statement that the mark has been and is still in use; and
51 (b) (i) a specimen showing actual use of the mark on or in connection with the goods or
52 services; or
53 (ii) a verified statement that the mark has not changed.




Legislative Review Note
as of 12-27-11 10:25 AM

Office of Legislative Research and General Counsel