(1) Terms defined in Sections 76-1-101.5, 76-16-101, and 76-16-301 apply to this section.
(2) An actor commits selling goods under a counterfeited trademark, trade name, or trade device if the actor:
(a) sells or keeps for sale any goods upon or to which any counterfeited trademark, trade name, or trade device has been affixed, after the trademark, trade name, or trade device has been filed with the Division of Corporations and Commercial Code;
(b) intends to represent the goods as the genuine goods of another person; and
(c) knows the goods are counterfeited.
(3) A violation of Subsection (2) is a class B misdemeanor.