Current through the 2024 Fourth Special Session
Section 4-24-202 - Recordation of brand(1)(a) Application for a recorded brand shall be made to the department upon forms prescribed and furnished by the department.(b) The application shall contain the following information:(i) the name of each applicant;(ii) a single designated address where the department will send a notice of brand renewal; and(iii) a description of the brand that is the subject of the application.(c) An application may not be approved without payment of the appropriate recording fee.(d) Upon receipt of a proper application, payment of the recording fee, and recordation of the brand in the central Brand Registry of the department, the commissioner shall issue the applicant a certified copy of recording that entitles the applicant to the exclusive use of the brand recorded.(2)(a) A recorded brand filed with the central Brand Registry expires during the calendar year 1980, and during each fifth year thereafter.(b)(i) The department shall send notice in writing to the address designated under Subsection (1)(b)(ii) within a reasonable time before the date of expiration of recordation.(ii) The notice required by this Subsection (2)(b) may be provided by email or regular mail at the department's discretion.(iii) The holder of a registered brand has an affirmative duty to inform the department of a change to the contact information provided on the initial application for a recorded brand.(c) Brand renewal is affected by filing an appropriate application with the department together with payment of the renewal fee.(d) A recorded brand, not timely renewed, shall lapse and be removed from the central Brand Registry.Amended by Chapter 79, 2022 General Session ,§ 6, eff. 3/21/2022.Amended by Chapter 295, 2021 General Session ,§ 10, eff. 5/5/2021.Renumbered from § 4-24-7 and amended by Chapter 345, 2017 General Session ,§ 253, eff. 7/1/2017.Enacted by Chapter 2, 1979 General Session