§ 7-70-104 — Duration and renewal

(1) Unless withdrawn in accordance with
section 7-70-105, a statement of trademark registration shall be effective for a
term of five years from the date on which the statement of trademark registration is
filed by the secretary of state. A statement of trademark registration, with respect
to which a statement of withdrawal of trademark registration has been filed by the
secretary of state or with respect to which a statement of renewal of trademark
registration has not been filed by the secretary of state within the time provided in
this section, does not provide notice under section 7-70-103 (1).

(2) The effectiveness of a statement of trademark registration may be
renewed by the registrant for successive terms of five years by delivering to the
secretary of state, for filing pursuant to part 3 of article 90 of this title, a statement
of renewal of trademark registration:

(a) No earlier than one hundred eighty days before the expiration of the
current term of effectiveness of the statement of trademark registration; and

(b) No later than the date of expiration of the current term of effectiveness
of the statement of trademark registration.

(3) The statement of renewal of trademark registration shall:

(a) State the true name of the registrant or, in the case of a general
partnership that is not a limited liability partnership, the true name of at least one
general partner of the general partnership;

(b) Identify the statement of trademark registration in a manner satisfactory
to the secretary of state;

(c) If the registrant is an individual, state the individual's principal address;

(c.5) If the registrant is an entity other than a reporting entity, state the
entity's principal address;

(c.7) If the registrant is neither an individual resident of this state nor an
entity that is required to maintain a registered agent pursuant to part 7 of article 90
of this title, state either of the following:

(I) If the registrant desires to appoint a registered agent pursuant to section
7-70-108, the registered agent name, the registered agent address, and that the
person appointed as the registered agent for the registrant has consented to being
so appointed; or

(II) The mailing address to which service of process in any proceeding based
on a cause of action with respect to the statement of trademark registration may be
mailed pursuant to section 7-70-108;

(d) Identify any goods or services described in the statement of trademark
registration, or in any previously filed statement related to the statement of
trademark registration, with respect to which the trademark is no longer used;

(e) State that the registrant is currently using the trademark in commerce in
this state in connection with the goods or services described in the statement of
trademark registration, excluding any goods or services identified pursuant to
paragraph (d) of this subsection (3);

(f) State that the registrant believes, in good faith, that:

(I) The registrant has the right to use the trademark in commerce in this
state in connection with the goods or services, excluding any goods or services
identified in paragraph (d) of this subsection (3); and

(II) The registrant's use of the trademark does not infringe the rights of any
other person in that trademark;

(g) Have a current specimen attached; and

(h) Contain such other information as the secretary of state may require.

(4) Repealed.

(5) A statement of renewal of trademark registration shall not state a
delayed effective date.

Legislative History

Source: L. 2006: Entire article R&RE, p. 112, � 1, effective May 29, 2007. L. 2009: (3)(a) and (3)(c) amended and (3)(c.5) and (3)(c.7) added, (HB 09-1248), ch. 252, p. 1131, � 10, effective May 14. L. 2010: (4) repealed, (HB 10-1403), ch. 404, p. 1995, � 10, effective August 11.