STATE STATUTES & CODES
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UTAH STATUTES AND CODES
70-3a-306 - Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.
70-3a-306. Assignments -- Changes of name -- Other instruments -- Securityinterests -- Acknowledgments.
(1) (a) A mark and the mark's registration under this chapter is assignable with:
(i) the good will of the business in which the mark is used; or
(ii) that part of the good will of the business connected with the use of and symbolizedby the mark.
(b) An assignment under this section:
(i) shall be:
(A) in writing; and
(B) properly executed; and
(ii) may be filed with the division by:
(A) filing a form provided by the division; and
(B) paying of a fee determined by the division in accordance with Section 70-3a-203.
(c) Upon the filing of an assignment, the division shall certify that the assignment hasbeen filed.
(d) An assignment of any registration under this chapter is void as against any subsequentpurchaser for valuable consideration without notice, unless the assignment is filed with thedivision:
(i) within three months after the date of the assignment; or
(ii) before the subsequent purchase.
(2) Any registrant or applicant may change the name of the person or business to whomthe mark is issued or for whom an application is filed by:
(a) filing two copies of a certificate of change of name of the registrant or applicant withthe division; and
(b) paying of a fee determined by the division in accordance with Section 70-3a-203.
(3) (a) A person may file another instrument that relates to a mark registered orapplication pending under this chapter:
(i) in the discretion of the division; and
(ii) if the instrument is:
(A) in writing; and
(B) properly executed.
(b) An instrument that may be filed under this Subsection (3) includes:
(i) a license;
(ii) a security interest; or
(iii) a mortgage.
(4) An acknowledgment by the assignor or person whose interest in a mark is adverselyeffected by the instrument:
(a) is prima facie evidence of the execution of an assignment or other instrument; and
(b) when filed by the division, is prima facie evidence of execution of the assignment orother instrument.
(1) (a) A mark and the mark's registration under this chapter is assignable with:
(i) the good will of the business in which the mark is used; or
(ii) that part of the good will of the business connected with the use of and symbolizedby the mark.
(b) An assignment under this section:
(i) shall be:
(A) in writing; and
(B) properly executed; and
(ii) may be filed with the division by:
(A) filing a form provided by the division; and
(B) paying of a fee determined by the division in accordance with Section 70-3a-203.
(c) Upon the filing of an assignment, the division shall certify that the assignment hasbeen filed.
(d) An assignment of any registration under this chapter is void as against any subsequentpurchaser for valuable consideration without notice, unless the assignment is filed with thedivision:
(i) within three months after the date of the assignment; or
(ii) before the subsequent purchase.
(2) Any registrant or applicant may change the name of the person or business to whomthe mark is issued or for whom an application is filed by:
(a) filing two copies of a certificate of change of name of the registrant or applicant withthe division; and
(b) paying of a fee determined by the division in accordance with Section 70-3a-203.
(3) (a) A person may file another instrument that relates to a mark registered orapplication pending under this chapter:
(i) in the discretion of the division; and
(ii) if the instrument is:
(A) in writing; and
(B) properly executed.
(b) An instrument that may be filed under this Subsection (3) includes:
(i) a license;
(ii) a security interest; or
(iii) a mortgage.
(4) An acknowledgment by the assignor or person whose interest in a mark is adverselyeffected by the instrument:
(a) is prima facie evidence of the execution of an assignment or other instrument; and
(b) when filed by the division, is prima facie evidence of execution of the assignment orother instrument.
Amended by Chapter 258, 2008 General Session
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