Utah § 3a-306 - Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.
Full text of Utah Utah Code § 3a-306 — Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments., with citation guidance and answers to common questions.
§ 3a-306. Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.
70-3a-306.
Assignments -- Changes of name -- Other instruments -- Security interests -- 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 symbolized by 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 has been filed.
(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:
(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 whom the 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 with the 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 or application 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 adversely effected 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 or other instrument.
Section 3a-306 ("Assignments -- Changes of name -- Other instruments -- Security interests -- Acknowledgments.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 3a-306?
A common citation format is "Utah Code § 3a-306" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 3a-306 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
