Utah Code 70-3a-304. Certification of registration
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(1) If an applicant fully complies with this chapter, the division shall:
Terms Used In Utah Code 70-3a-304
- Applicant: means :(1)(b)(i) the person filing an application for registration of a mark under this chapter; and(1)(b)(ii) a legal representative, successor, or assign of a person described in Subsection
(1)(b)(i) . See Utah Code 70-3a-103- Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mark: means any trademark or service mark entitled to registration under this chapter whether or not the trademark or service mark is registered. See Utah Code 70-3a-103
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) certify the registration; and(1)(b) provide to the applicant documentation that the registration is certified.
(2) The documentation described in Subsection (1) shall:
(2)(a) be affixed to the application of the applicant; or
(2)(b) include the information that is required to be in an application under Subsections 70-3a-302(1)(c)(i) through (iii) .
(3) The following are admissible in evidence as competent and sufficient proof of the registration of the particular mark in any action or judicial proceeding in any court of this state:
(3)(a) the documentation described in Subsection (1)(b) that is provided by the division; or
(3)(b) a copy of the documentation described in Subsection (1)(b) if the copy is certified by the division.
(4) Documentation of the certification of an electronically registered mark shall be provided through the database created under Section 70-3a-501 .