1. (1) A person is civilly liable to pay all damages resulting from a filing or registration under this chapter if:

   1. (a) that person procures the filing or registration of any mark:

      1. (i) for the person who procures the filing or registration; or
      2. (ii) on behalf of another person; and

   2. (b) the person who procures the filing or registration procures it by:

      1. (i) knowingly making a false or fraudulent representation or declaration, orally or in writing; or
      2. (ii) any other fraudulent means.

2. (2) Damages sustained as a result of a filing or registration described in Subsection (1) may be recovered:

   1. (a) by or on behalf of the person injured by the filing or registration; and
   2. (b) in any court of competent jurisdiction.

Enacted by Chapter 318, 2002 General Session