§ 70-3a-302. Application for registration.

(1)

(a) Subject to the limitations in this chapter, any person who uses a mark may file with the division an application for registration of that mark.

(b) The registration described in Subsection (1)(a) shall be filed in accordance with rules:

(i) made by the division in accordance with Section 70-3a-201; and

(ii) that are consistent with this section.

(c) The application shall:

(i) state:

(A) the name and business address of the person applying for registration;

(B) if a corporation, the state of incorporation; and

(C) if a partnership:

(I) the state where the partnership is organized; and

(II) the names of the general partners, as specified by the division;

(ii) specify:

(A) the goods or services on or in connection with which the mark is used;

(B) the mode or manner in which the mark is used on or in connection with those goods or services; and

(C) the class defined pursuant to Section 70-3a-308 in which those goods or services fall;

(iii) state:

(A) the date when the mark was first used anywhere;

(B) the date when the mark was first used in this state by the applicant or a predecessor in interest;

(C) that the applicant is the owner of the mark;

(D) that the mark is in use; and

(E) that to the knowledge of the person verifying the application, no other person has registered, either federally or in this state, or has the right to use that mark:

(I) in the mark's identical form; or

(II) in such near resemblance to the mark as to be likely, when applied to the goods or services of the other person, to cause confusion, mistake, or to deceive;

(iv) be signed, including by any signature consistent with the requirement for an electronic signature under 15 U.S.C. Sec. 7001, under penalty of perjury by:

(A) the applicant; or

(B) if the applicant is not an individual:

(I) an officer of the applicant; or

(II) a partner of a partnership;

(v) be filed with the division;

(vi) be accompanied by two specimens showing the mark as actually used; and

(vii) be accompanied by a fee as determined by the division in accordance with Section 70-3a-203.

(d) In addition to the information required by Subsection (1)(c), the division may require the applicant to provide:

(i) a statement as to whether an application to register the mark, or portions or a composite of the mark, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; or

(ii) a drawing of the mark, complying with the requirements the division may specify.

(2) If the division requires the statement under Subsection (1)(d)(i), the applicant shall provide full information with respect to any application filed with the United States Patent and Trademark Office including:

(a) the filing date and serial number of the application;

(b) the status of the application; and

(c) if any application was finally refused registration or has otherwise not resulted in a registration, the reasons for the refusal or lack of registration.

(3) Any materials, information, or signatures required to file an application for a mark may be provided through the database created under Section 70-3a-501.

Amended by Chapter 368, 2009 General Session