ARTICLE XXXVI. - OFFENSES REGARDING TRADEMARKS, TRADE NAMES AND DEVICES
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (20) --- State Law reference— Trademarks, trade names and devices, U.C.A. 1953, § 76-10-1001 et seq.
Sec. 14-1130. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Forged trademark, forged trade name, forged trade device, and counterfeited trademark, counterfeited trade name, counterfeited trade device, or their equivalents, include every alteration or imitation of any trademark, trade name, or trade device so resembling the original as to be likely to deceive.
Trademark ortrade name or trade device includes every trademark registrable with the state division of corporations and commercial code.
(Code 1981, § 13-1101)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1001.
Sec. 14-1131. - Forging or counterfeiting trademark, trade name or trade device.#
Every person who willfully forges or counterfeits, or procures to be forged or counterfeited any trademark, trade name, or trade device, usually affixed by any person, or by any association or union of workingmen, to his or its goods, which has been filed in the office of the state division of corporations and commercial code, with intent to pass off any goods to which the forged or counterfeited trademark, trade name, or trade device is affixed or intended to be affixed, as the goods of the person or association or union of workingmen, is guilty of a Class B misdemeanor.
(Code 1981, § 13-1102)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1002.
Sec. 14-1132. - Selling goods under counterfeited trademark, trade name or trade device.#
Every person who sells or keeps for sale any goods upon or to which any counterfeited trademark, trade name, or trade device has been affixed, after it has been filed with the state division of corporations and commercial code, intending to represent the goods as the genuine goods of another, knowing it to be counterfeited, is guilty of a Class B misdemeanor.
(Code 1981, § 13-1103)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1003.
Sec. 14-1133. - Sales in containers bearing registered trademark of substituted articles.#
Every person who has or uses any container or similar article bearing or having in any way connected with it the registered trademark of another for the purpose of disposing, with intent to deceive or defraud any article or substance other than that which the container of similar article originally contained or was connected with by the owner of such trademark is guilty of a Class B misdemeanor.
(Code 1981, § 13-1104)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1004.
Sec. 14-1134. - Using, destroying, concealing or possessing articles with registered trademark or service mark to deprive owner of use or possession; exception.#
Every person who, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, uses, destroys, conceals, or possesses the article or who defaces or otherwise conceals the trademark or service mark upon the article with intent to deprive the owner of the use or possession of that article is guilty of a Class B misdemeanor; provided, however, that nothing contained in this article shall be construed to apply to or restrict the transfer or use of wooden boxes or the reuse of burlap or cotton bags or sacks when those bags or sacks have been reversed inside out or the markings thereon have been concealed or obliterated to effectively demonstrate that the products contained therein do not purport to be the products of the owner of the registered trademark or service mark theretofore put upon those bags.
(Code 1981, § 13-1105)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1005.
Sec. 14-1135. - Selling or dealing with articles bearing registered trademark or service mark with intent to defraud.#
Every person who, without the consent of the owner of an article bearing the owner's validly registered trademark or service mark, knowingly sells or traffics in the articles or who withholds the articles from the owner thereof with intent to defraud the owner thereof, is guilty of a Class B misdemeanor.
(Code 1981, § 13-1106)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1006.
Sec. 14-1136. - Use of registered trademark without consent.#
Every person who adopts or in any way uses the registered trademark of another, without the consent of the owner thereof, is guilty of a Class B misdemeanor.
(Code 1981, § 13-1107)
State Law reference— Similar provisions, U.C.A. 1953, § 76-10-1007.