confusingly similar brands -- Publication of registered brands. (1) The department shall maintain a central Brand Registry that lists each brand recorded in this state. For each brand registered the list shall specify: (a) the name and address of the registrant; (b) a facsimile or diagram of the brand recorded; (c) the location of the brand upon the animal; and (d) the date the brand is filed in the central Brand Registry. (2) The commissioner may divide the state into districts for the purpose of recording brands, but a brand that is identical or confusingly similar to a brand previously recorded in a district may not be recorded. (3) (a) A brand that is identical or confusingly similar to a brand previously filed in the central Brand Registry may not be recorded. (b) If two or more brands appear identical or confusingly similar: (i) the brand first recorded shall prevail over a later conflicting brand; and (ii) the later brand shall be cancelled and the recording fees refunded to the owner. (4) (a) The commissioner shall publish from time to time a list of all brands recorded in the central Brand Registry and may issue supplements to that publication containing additional brands or changes in ownership of brands recorded after the last publication. (b) The commissioner may publish the publication described in Subsection (4)(a) in hard copy or electronic copy. (c) The publication published under Subsection (4)(a) shall contain a facsimile or diagram of all brands recorded together with the owner's name and address. (d) The commissioner shall, upon request, send one electronic copy of the publication published under Subsection (4)(a) and each supplement to each brand inspector, county clerk, county sheriff, livestock organization, or any other person considered appropriate. (e) The department shall make the publication described in Subsection (4)(a) available to the public. (f) The department shall, upon request, make a hard copy of the publication described in Subsection (4)(a) available at the cost of printing and distribution per publication.
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