Utah Code 70-3a-305. Duration and renewal
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(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 .
Terms Used In Utah Code 70-3a-305
- Division: means the Division of Corporations and Commercial Code within the Department of Commerce. See Utah Code 70-3a-103
- 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
- Registrant: means :(1)(f)(i) the person to whom the registration of a mark under this chapter is issued; and(1)(f)(ii) a legal representative, successor, or assign of a person described in Subsection
(1)(f)(i) . See Utah Code 70-3a-103- Statute: A law passed by a legislature.
- Use: means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. See Utah Code 70-3a-103
(2) A registration may be renewed for an additional five years from the date a registration expires if the registrant:(2)(a) files an application with the division:(2)(a)(i) no sooner than six months before the expiration of the registration and no later than six months after the expiration of the registration; and(2)(a)(ii) in accordance with the requirements made by rule by the division:(2)(a)(ii)(A) pursuant to Section70-3a-201 ; and(2)(a)(ii)(B) consistent with this section; and(2)(b) pays a renewal fee determined by the division in accordance with Section70-3a-203 .(3) If a registrant complies with this section, the registrant may renew a mark at the expiration of each five-year term.(4)(4)(a) A registration in effect before May 6, 2002:(4)(a)(i) shall continue in full force and effect for the registration’s unexpired term; and(4)(a)(ii) may be renewed by:(4)(a)(ii)(A) filing an application for renewal with the division:(4)(a)(ii)(A)(I) within the time prescribed in Subsection(2)(a)(i) ; and(4)(a)(ii)(A)(II) in accordance with rules made by the division pursuant to Section70-3a-201 ; and(4)(a)(ii)(B) paying the required renewal fee determined by the division in accordance with Section70-3a-203 .(4)(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:(5)(a) a verified statement that the mark has been and is still in use; and(5)(b)(5)(b)(i) a specimen showing actual use of the mark on or in connection with the goods or services; or(5)(b)(ii) a verified statement that the mark has not changed.