Current through the 2024 Fourth Special Session
Section 70-3a-305 - Duration and renewal(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.(2) A registration may be renewed for an additional five years from the date a registration expires if the registrant: (a) files an application with the division: (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(ii) in accordance with the requirements made by rule by the division:(A) pursuant to Section 70-3a-201; and(B) consistent with this section; and(b) pays a renewal fee determined by the division in accordance with Section 70-3a-203.(3) If a registrant complies with this section, the registrant may renew a mark at the expiration of each five-year term.(4)(a) A registration in effect before May 6, 2002:(i) shall continue in full force and effect for the registration's unexpired term; and(ii) may be renewed by: (A) filing an application for renewal with the division:(I) within the time prescribed in Subsection (2)(a)(i); and(II) in accordance with rules made by the division pursuant to Section 70-3a-201; and(B) paying the required renewal fee determined by the division in accordance with Section 70-3a-203.(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:(a) a verified statement that the mark has been and is still in use; and(b)(i) a specimen showing actual use of the mark on or in connection with the goods or services; or(ii) a verified statement that the mark has not changed.Amended by Chapter 58, 2012 General Session ,§ 1, eff. 5/8/2012.Amended by Chapter 368, 2009 General Session