§ 4-24-202 — Recordation of brand.

(1) A person shall submit an application for a recorded brand to the department upon forms prescribed and furnished by the department.
(1)(a) The application shall contain the following information:
(1)(a)(i) the name of each applicant;
(1)(a)(ii) a single designated address where the department will send a notice of brand renewal; and
(1)(a)(iii) a description of the brand that is the subject of the application.
(1)(b) The department may not approve an application without payment of the appropriate recording fee.
(1)(c) 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) (2)(a) A recorded brand filed with the central Brand Registry expires during the calendar year 1980, and during each fifth or tenth year thereafter. The applicant at the time of application shall decide whether the brand filed with the central Brand Registry expires during the fifth or the tenth year.
(2)(b) (2)(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.
(2)(b)(ii) The notice required by this Subsection (2)(b) may be provided by email or regular mail at the department's discretion.
(2)(b)(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.
(2)(c) Brand renewal is affected by filing an appropriate application with the department together with payment of the renewal fee.
(2)(d) A recorded brand, not timely renewed, shall lapse and be removed from the central Brand Registry.

Legislative History

Amended by Chapter 91, 2025 General Session