Utah statute

Utah Code Ann. § 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.

Current through 2026 General Session

Part of Part 3: Offenses Concerning Trademarks, Trade Names, and Devices, Utah Code.

Criminal charges under this statute

Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession

Full text of Utah Code Ann. § 76-16-305

Statutory text current through the 2026 General Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Utah.

Utah Code Ann. § 76-16-305Primary source, current through the 2026 General Session

(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: (2)(a) uses, destroys, conceals, or possesses the article; or (2)(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.

Official sources

Legal terms used in this section

Questions this section answers

Is using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession a felony or a misdemeanor in Utah?

Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession is a Class B Misdemeanor in Utah under Utah Code Ann. § 76-16-305.

Which Utah statute covers using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession?

Using, destroying, concealing, or possessing an article with a registered trademark or service mark to deprive the owner of use or possession is governed by Utah Code Ann. § 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).

This reference is informational and is not legal advice.