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Offenses Concerning Trademarks, Trade Names, and Devices

Utah Code tit. 76, ch. 76-16, pt. 76-16-P3
in effect

Utah Code § 76-16-301 Definitions.

76-16-301. Definitions. As used in this part: (1) "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 a trademark, trade name, or trade device that resembles the original so as to be likely to deceive. (2) "Trademark" or "trade name" or "trade device" includes every trademark registrable with the Division of Corporations and Commercial Code. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-16-302 Forging or counterfeiting a trademark, trade name, or trade device.

76-16-302. Forging or counterfeiting a trademark, trade name, or trade device. (1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section. (2) An actor commits forging or counterfeiting a trademark, trade name, or trade device if the actor: (a) willfully forges or counterfeits, or procures to be forged or counterfeited, a trademark, trade name, or trade device, that: (i) is usually affixed by a person to the person's goods, or by an association or union of working people to the association's or union's goods; and (ii) has been filed with the Division of Corporations and Commercial Code; and (b) performs the action described in Subsection (2)(a) with the 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 working people. (3) A violation of Subsection (2) is a class B misdemeanor. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-16-303 Selling goods under a counterfeited trademark, trade name, or trade device.

76-16-303. Selling goods under a counterfeited trademark, trade name, or trade device. (1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section. (2) An actor commits selling goods under a counterfeited trademark, trade name, or trade device if the actor: (a) sells or keeps for sale any goods upon or to which any counterfeited trademark, trade name, or trade device has been affixed, after the trademark, trade name, or trade device has been filed with the Division of Corporations and Commercial Code; (b) intends to represent the goods as the genuine goods of another person; and (c) knows the goods are counterfeited. (3) A violation of Subsection (2) is a class B misdemeanor. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-16-304 Sale in a container bearing a registered trademark of a substituted article.

76-16-304. Sale in a container bearing a registered trademark of a substituted article. (1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section. (2) An actor commits sale in a container bearing a registered trademark of a substituted article if the actor: (a) has or uses a container or similar article that bears or is in any way connected with the registered trademark of another person; and (b) has or uses the container or article described in Subsection (2)(a) for the purpose of disposing, with intent to deceive or defraud, of an article or substance other than that which the container or similar article originally contained or was connected with by the owner of the trademark. (3) A violation of Subsection (2) is a class B misdemeanor. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 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.

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. (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: (a) uses, destroys, conceals, or possesses the article; or (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. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-16-306 Selling, trafficking, or withholding an article bearing a registered trademark or service mark with intent to defraud.

76-16-306. Selling, trafficking, or withholding an article bearing a registered trademark or service mark with intent to defraud. (1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section. (2) An actor commits selling, trafficking, or withholding an article bearing a registered trademark or service mark with intent to defraud if the actor, without the consent of the owner of an article that bears the owner's validly registered trademark or service mark, and with the intent to defraud the owner of the article, knowingly: (a) sells or traffics the article; or (b) withholds the article from the article's owner. (3) A violation of Subsection (2) is a class B misdemeanor. Renumbered and Amended by Chapter 173, 2025 General Session

Utah Code § 76-16-307 Use of a registered trademark without consent.

76-16-307. Use of a registered trademark without consent. (1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section. (2) An actor commits use of a registered trademark without consent if the actor adopts or in any way uses a registered trademark owned by another person without the person's consent. (3) A violation of Subsection (2) is a class B misdemeanor. Renumbered and Amended by Chapter 173, 2025 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter16/76-16-P3.html?v=C76-16-P3_2025050720250507Fetched: 10/26/2026

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