Utah Code 70-3a-401. Fraudulent registration
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(1) A person is civilly liable to pay all damages resulting from a filing or registration under this chapter if:
Terms Used In Utah Code 70-3a-401
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(1)(a) that person procures the filing or registration of any mark:
(1)(a)(i) for the person who procures the filing or registration; or
(1)(a)(ii) on behalf of another person; and
(1)(b) the person who procures the filing or registration procures it by:
(1)(b)(i) knowingly making a false or fraudulent representation or declaration, orally or in writing; or
(1)(b)(ii) any other fraudulent means.
(2) Damages sustained as a result of a filing or registration described in Subsection (1) may be recovered:
(2)(a) by or on behalf of the person injured by the filing or registration; and
(2)(b) in any court of competent jurisdiction.