§ 70-3a-304. Certification of registration.

(1) If an applicant fully complies with this chapter, the division shall:

(a) certify the registration; and

(b) provide to the applicant documentation that the registration is certified.

(2) The documentation described in Subsection (1) shall:

(a) be affixed to the application of the applicant; or

(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:

(a) the documentation described in Subsection (1)(b) that is provided by the division; or

(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.

Amended by Chapter 258, 2008 General Session