Utah § 76-16-305 Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession.

Utah Statutes

§ 76-16-305 — Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession.

Utah § 76-16-305

Title 76Utah Criminal Code

Ch. 76-16Offenses Concerning Business Practices

Part 76-16-3Offenses Concerning Trademarks, Trade Names, and Devices

This text of Utah § 76-16-305 (Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 76-16-305 (2026).

Text

(1)Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.

(2)An actor commits using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession if the actor, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, and with the intent to deprive the owner of the use or possession of the article:

(2)(a) uses, destroys, conceals, or possesses the article; or

(2)(b) defaces or otherwise conceals the trademark or service mark on the article.

(3)A violation of Subsection (2) is a class B misdemeanor.

(4)This section does not apply to the transfer or use of a wooden box or the re-use of a burlap or cotton bag or sack when the bag

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(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession if the actor, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, and with the intent to deprive the owner of the use or possession of the article:
(2)(a) uses, destroys, conceals, or possesses the article; or
(2)(b) defaces or otherwise conceals the trademark or service mark on the article.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) This section does not apply to the transfer or use of a wooden box or the re-use of a burlap or cotton bag or sack when the bag or sack has been reversed inside out or the markings on the box, bag, or sack have been concealed or obliterated to effectively demonstrate that the product contained in the box, bag, or sack does not purport to be the product of the owner of the registered trademark or service mark that appeared on the box, bag, or sack.