Fraudulent registration.

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  • (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.




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