Utah § 70-3a-305 Duration and renewal.

Utah Statutes

§ 70-3a-305 — Duration and renewal.

Utah·Title 70 Trademarks and Trade Names·Ch. 70-3a Registration and Protection of Trademarks and Service Marks Act·Part 70-3a-3 Registration

(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:

(2)(a) files an application with the division:

(2)(a)(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

(2)(a)(ii) in accordance with the requirements made by rule by the division:

(2)(a)(ii)(A) pursuant to Section 70-3a-201; and

(2)(a)(ii)(B) consistent with this section; and

(2)(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 ma

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(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:

(2)(a) files an application with the division:
(2)(a)(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
(2)(a)(ii) in accordance with the requirements made by rule by the division:

(2)(a)(ii)(A) pursuant to Section 70-3a-201; and
(2)(a)(ii)(B) consistent with this section; and
(2)(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) (4)(a) A registration in effect before May 6, 2002:
(4)(a)(i) shall continue in full force and effect for the registration's unexpired term; and
(4)(a)(ii) may be renewed by:

(4)(a)(ii)(A) filing an application for renewal with the division:
(4)(a)(ii)(A)(I) within the time prescribed in Subsection (2)(a)(i); and
(4)(a)(ii)(A)(II) in accordance with rules made by the division pursuant to Section 70-3a-201; and
(4)(a)(ii)(B) paying the required renewal fee determined by the division in accordance with Section 70-3a-203.
(4)(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:

(5)(a) a verified statement that the mark has been and is still in use; and
(5)(b) (5)(b)(i) a specimen showing actual use of the mark on or in connection with the goods or services; or
(5)(b)(ii) a verified statement that the mark has not changed.

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