(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
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