§ 70-3a-306 — Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.

Utah § 70-3a-306

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

Text

(1) (1)(a) A mark and the mark's registration under this chapter is assignable with:
(1)(a)(i) the good will of the business in which the mark is used; or
(1)(a)(ii) that part of the good will of the business connected with the use of and symbolized by the mark.
(1)(b) An assignment under this section:
(1)(b)(i) shall be:

(1)(b)(i)(A) in writing; and
(1)(b)(i)(B) properly executed; and
(1)(b)(ii) may be filed with the division by:

(1)(b)(ii)(A) filing a form provided by the division; and
(1)(b)(ii)(B) paying of a fee determined by the division in accordance with Section 70-3a-203.
(1)(c) Upon the filing of an assignment, the division shall certify that the assignment has been filed.
(1)(d) An assignment of any registration under this chapter is void as against any subsequent purchaser for valuable consideration without notice, unless the assignment is filed with the division:
(1)(d)(i) within three months after the date of the assignment; or
(1)(d)(ii) before the subsequent purchase.
(2) Any registrant or applicant may change the name of the person or business to whom the mark is issued or for whom an application is filed by:

(2)(a) filing two copies of a certificate of change of name of the registrant or applicant with the division; and
(2)(b) paying of a fee determined by the division in accordance with Section 70-3a-203.
(3) (3)(a) A person may file another instrument that relates to a mark registered or application pending under this chapter:
(3)(a)(i) in the discretion of the division; and
(3)(a)(ii) if the instrument is:

(3)(a)(ii)(A) in writing; and
(3)(a)(ii)(B) properly executed.
(3)(b) An instrument that may be filed under this Subsection (3) includes:
(3)(b)(i) a license;
(3)(b)(ii) a security interest; or
(3)(b)(iii) a mortgage.
(4) An acknowledgment by the assignor or person whose interest in a mark is adversely effected by the instrument:

(4)(a) is prima facie evidence of the execution of an assignment or other instrument; and
(4)(b) when filed by the division, is prima facie evidence of execution of the assignment or other instrument.

Legislative History

Amended by Chapter 258, 2008 General Session