reglab/housing_qa huggingface dataset:
UT Code § 70-3a-306 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 3 - Registration|Section 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.      Amended by Chapter 258, 2008 General Session
UT Code § 70-3a-307 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 3 - Registration|Section 307 - Cancellation.

70-3a-307. Cancellation.    (1) The division shall cancel, in whole or in part:   (a) a registration of mark for which the division receives a voluntary request for the registration's cancellation from:   (i) the registrant; or     (ii) the assignee of record;       (b) a registration of a mark:   (i) granted under this chapter; and     (ii) not renewed in accordance with the chapter;       (c) a registration of a mark for which a court of competent jurisdiction finds that:   (i) the registered mark has been abandoned;     (ii) the registrant is not the owner of the mark;     (iii) the registration was granted improperly;     (iv) the registration was obtained fraudulently;     (v) the mark is or has become the generic name for the goods or services, or a portion of the goods or services, for which the mark has been registered; or     (vi) subject to Subsection (2), the mark is so similar, as to be likely to cause confusion, mistake, or to deceive, to a mark:   (A) registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant; and     (B) not abandoned; or         (d) when a court of competent jurisdiction orders cancellation of a registration on any ground.       (2) Notwithstanding Subsection (1)(c)(vi), if the registrant proves the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this chapter may not be cancelled for that particular area of the state.    Enacted by Chapter 318, 2002 General Session
UT Code § 70-3a-308 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 3 - Registration|Section 308 - Classification.

70-3a-308. Classification.    (1)   (a) Except as provided in Subsection (1)(b), in administering this chapter, the division shall for the purposes of classifying:   (i) goods, use the general classes of goods designated in 37 C.F.R. 6.1; and     (ii) services, use the general classes of services designated in 37 C.F.R. 6.1.       (b) If the United States Patent and Trademark Office does not use the classifications described in Subsection (1)(a), to the extent practical, the classification of goods and services under this section should conform to the classification adopted by the United States Patent and Trademark Office.       (2) A single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used if it indicates the appropriate one or more classes of goods or services.     (3) When a single application includes goods or services that fall within multiple classes, the division may require payment of a fee for each class.    Enacted by Chapter 318, 2002 General Session
UT Code § 70-3a-401 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 4 - Violations and Remedies|Section 401 - Fraudulent registration.

70-3a-401. Fraudulent registration.    (1) A person is civilly liable to pay all damages resulting from a filing or registration under this chapter if:   (a) that person procures the filing or registration of any mark:   (i) for the person who procures the filing or registration; or     (ii) on behalf of another person; and       (b) the person who procures the filing or registration procures it by:   (i) knowingly making a false or fraudulent representation or declaration, orally or in writing; or     (ii) any other fraudulent means.         (2) Damages sustained as a result of a filing or registration described in Subsection (1) may be recovered:   (a) by or on behalf of the person injured by the filing or registration; and     (b) in any court of competent jurisdiction.      Enacted by Chapter 318, 2002 General Session
UT Code § 70-3a-402 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 4 - Violations and Remedies|Section 402 - Infringement.

70-3a-402. Infringement.    (1) Subject to Section 70-3a-104 and Subsection (2), any person is liable in a civil action brought by the registrant for any and all of the remedies provided in Section 70-3a-404, if that person:   (a) uses a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter:   (i) without the consent of the registrant; and     (ii) in connection with the sale, distribution, offering for sale, or advertising of any goods or services on or in connection with which that use is likely to cause confusion, mistake, or to deceive as to the source of origin, nature, or quality of those goods or services; or       (b) reproduces, counterfeits, copies, or colorably imitates any mark and applies the reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this state of goods or services.       (2) Under Subsection (1)(b), the registrant is not entitled to recover profits or damages unless the act described in Subsection (1)(b) has been committed with the intent:   (a) to cause confusion or mistake; or     (b) to deceive.       (3) In a civil action for a violation of Section 70-3a-309:   (a) the plaintiff may recover court costs and reasonable attorney fees; and     (b) the plaintiff may elect, at any time before final judgment is entered by the district court, to recover, instead of actual damages and profits, an award of statutory damages in the amount of not less than $1,000 and not more than $100,000 per domain name, as the court considers just.       (4) Statutory damages awarded under Subsection (3)(b) are presumed to be $100,000 per domain name if there is a pattern and practice of infringements committed willfully for commercial gain.    Amended by Chapter 200, 2010 General Session
UT Code § 70-3a-403 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 4 - Violations and Remedies|Section 403 - Injury to business reputation -- Dilution.

70-3a-403. Injury to business reputation -- Dilution.    (1) Subject to the principles of equity and upon the terms the court considers reasonable, the owner of a mark that is famous in this state is entitled to:   (a) an injunction against another person's commercial use of a mark, if the use:   (i) begins after the mark has become famous; and     (ii) causes dilution of the distinctive quality of the mark; and       (b) obtain other relief as is provided in this section.       (2) To determine if a mark is famous, a court may consider factors including:   (a) the degree of inherent or acquired distinctiveness of the mark in this state;     (b) the duration and extent of use of the mark in connection with the goods and services with which the mark is used;     (c) the duration and extent of advertising and publicity of the mark in this state;     (d) the geographical extent of the trading area in which the mark is used;     (e) the channels of trade for the goods or services with which the mark is used;     (f) the degree of recognition of the mark in the trading areas and channels of trade in this state that are used by:   (i) the mark's owner; and     (ii) the person against whom the injunction is sought;       (g) the nature and extent of use of the same or similar mark by third parties; and     (h) whether the mark is the subject of:   (i) a state registration in this state; or     (ii) a federal registration:   (A) under the Act of March 3, 1881, c. 138, 21 Stat. 502;     (B) under the Act of February 20, 1905, c. 592, 33 Stat. 724; or     (C) on the principal register.           (3) In an action brought under this section, the owner of a famous mark is entitled only to injunctive relief in this state, unless the person against whom the injunctive relief is sought willfully intended to:   (a) trade on the owner's reputation; or     (b) cause dilution of the famous mark.       (4) If willful intent is proven under Subsection (3)(a) or (b), in addition to injunctive relief, the owner is entitled to the remedies set forth in Section 70-3a-404, subject to:   (a) the discretion of the court; and     (b) the principles of equity.       (5) The following are not actionable under this section:   (a) fair use of a famous mark by another person in comparative commercial advertising or promotion to identify the competing goods or services of the owner of the famous mark;     (b) noncommercial use of the mark; and     (c) all forms of news reporting and news commentary.      Enacted by Chapter 318, 2002 General Session
UT Code § 70-3a-404 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 4 - Violations and Remedies|Section 404 - Remedies.

70-3a-404. Remedies.    (1)   (a) An owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark.     (b) A court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be considered by the court just and reasonable.       (2) A court may:   (a) require the defendants to pay the owner:   (i) all profits derived from the wrongful manufacture, use, display, or sale of a registered mark; or     (ii) all damages suffered because of the wrongful manufacture, use, display, or sale of a registered mark;       (b) order that any counterfeits or imitations of a registered mark in the possession or under the control of any defendant in an action be delivered to the following to be destroyed:   (i) an officer of the court; or     (ii) the complainant; or       (c) take a combination of the actions described in Subsections (2)(a) and (b).       (3) A court may enter judgment for the prevailing party:   (a) in an action where the court finds:   (i) the other party committed the wrongful act:   (A) with knowledge;     (B) in bad faith; or       (ii) as according to the circumstances of the case; and       (b) in an amount not to exceed:   (i) three times the profits and damages of the prevailing party; and     (ii) the reasonable attorneys fees of the prevailing party.         (4) The enumeration of any right or remedy in this section does not affect a registrant's right to prosecute under any penal law of this state.    Enacted by Chapter 318, 2002 General Session
UT Code § 70-3a-405 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 4 - Violations and Remedies|Section 405 - Forum for actions regarding registration -- Service on out-of-state registrants.

70-3a-405. Forum for actions regarding registration -- Service on out-of-state registrants.    (1)   (a) An action to require the cancellation of a mark registered under this chapter shall be brought in a district court of this state.     (b) The division may not be made a party to an action filed under Subsection (1)(a), except that the division may intervene in an action filed under Subsection (1)(a).       (2) In any action brought against a nonresident registrant, service may be effected upon the nonresident registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Section 16-10a-1511.    Enacted by Chapter 318, 2002 General Session
UT Code § 70-3a-501 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 5 - Searchable Mark Database|Section 501 - Searchable mark database.

70-3a-501. Searchable mark database.    (1) The division shall maintain a database that enables a user to:   (a) file an application to electronically register a mark;     (b) manage existing marks owned by the user; and     (c) search for any registered marks.       (2)   (a) The division may contract with a person to maintain and operate the database.     (b) If the division contracts with a person to maintain and operate the database, the person with whom the division contracts may, at the discretion of the division, be responsible for all costs of creating the database and readying it for use.       (3) Notwithstanding Subsections 13-1-2(3)(c) and 70-3a-203(2), the database required by Subsection (1) shall be:   (a) directly funded by fees collected for the electronic registration of marks, including funding any data storage costs related to operation of the database; and     (b) accessible online through the state's Internet website.       (4) For all registered marks, the database shall include:   (a) the date of a mark's registration;     (b) an indication of the mark's status as active or otherwise;     (c) any class for which the mark is registered; and     (d) the name of the registrant.       (5) A search of the information in the database that is listed in Subsection (4) shall be available free to any user, without regard to whether the user has an account for use of the database.     (6) The division may provide other services in connection with the database, for which the division may charge a user.     (7) A person electronically registering a mark shall be given an account through which the person may access the database to:   (a) review the status of a mark;     (b) pay any fee; and     (c) renew, revoke, and assign any mark.      Amended by Chapter 258, 2008 General Session
UT Code § 70-3a-502 (2021)
2021 Utah Code|Title 70 - Trademarks and Trade Names|Chapter 3a - Registration and Protection of Trademarks and Service Marks Act|Part 5 - Searchable Mark Database|Section 502 - Use of funds collected under this chapter.

70-3a-502. Use of funds collected under this chapter.  Notwithstanding Subsections 13-1-2(3)(c) and 70-3a-203(2), any funds collected from the registration of a mark under this chapter or the use of the database in excess of the expense of maintaining the database shall be retained as dedicated credits to be used by the division to:  (1) promote the electronic registration of marks to holders of federal trademarks;     (2) promote the state as a desirable location for business; and     (3) provide incentives to businesses considering relocation to the state.    Amended by Chapter 258, 2008 General Session
UT Code § 70A-1a-101 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 101 - Title.

70A-1a-101. Title.  This chapter is known as the "Uniform Commercial Code - General Provisions."  Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-102 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 102 - Scope of chapter.

70A-1a-102. Scope of chapter.  This chapter applies to a transaction to the extent that it is governed by another chapter of this title.  Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-103 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 103 - Construction of this title to promote its purposes and policies -- Applicability of supplemental principles of law.

70A-1a-103. Construction of this title to promote its purposes and policies -- Applicability of supplemental principles of law.    (1) This title must be liberally construed and applied to promote its underlying purposes and policies, which are:   (a) to simplify, clarify, and modernize the law governing commercial transactions;     (b) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and     (c) to make uniform the law among the various jurisdictions.       (2) Unless displaced by the particular provisions of this title, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.    Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-104 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 104 - Construction against implied repeal.

70A-1a-104. Construction against implied repeal.  This title being a general act intended as a unified coverage of its subject matter, no part of this title shall be considered to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.  Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-105 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 105 - Severability.

70A-1a-105. Severability.  If any provision or clause of this title or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.  Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-106 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 106 - Use of singular and plural -- Gender.

70A-1a-106. Use of singular and plural -- Gender.  In this title, unless the statutory context otherwise requires:  (1) words in the singular number include the plural, and those in the plural include the singular; and     (2) words of any gender also refer to any other gender.    Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-107 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 107 - Section captions.

70A-1a-107. Section captions.  Section captions are part of this title.  Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-108 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 1 - General Provisions|Section 108 - Relation to electronic signatures in global and national commerce act.

70A-1a-108. Relation to electronic signatures in global and national commerce act.  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this chapter modifies, limits, or supersedes Section 7001(c) of that act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that act.  Enacted by Chapter 272, 2007 General Session
UT Code § 70A-1a-202 (2021)
2021 Utah Code|Title 70A - Uniform Commercial Code|Chapter 1a - Uniform Commercial Code - General Provisions|Part 2 - General Definitions and Principles of Interpretation|Section 202 - Notice -- Knowledge.

70A-1a-202. Notice -- Knowledge.    (1) Subject to Subsection (6), a person has "notice" of a fact if the person:   (a) has actual knowledge of it;     (b) has received a notice or notification of it; or     (c) from all the facts and circumstances known to the person at the time in question, has reason to know that it exists.       (2) "Knowledge" means actual knowledge. "Knows" has a corresponding meaning.     (3) "Discover," "learn," or words of similar import refer to knowledge rather than to reason to know.     (4) A person "notifies" or "gives" a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.     (5) Subject to Subsection (6), a person "receives" a notice or notification when:   (a) it comes to that person's attention; or     (b) it is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.       (6) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time it is brought to the attention of the individual conducting that transaction and, in any event, from the time it would have been brought to the individual's attention if the organization had exercised due diligence. An organization exercises due diligence if it maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual's regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.    Enacted by Chapter 272, 2007 General Session