§ 8-12-13 — Cancellation

Alabama § 8-12-13

• Jurisdiction: Alabama
• Title 8: Commercial Law and Consumer Protection
• Ch. 12: Trademarks, Names, Marks, Devices, and Labels
• Art. 2: Registration of Trademarks and Service Marks

Text

The Secretary of State shall cancel from the register:
(1) After one year from January 1, 1981, all registrations under prior acts or informal registration which have not been registered in accordance with this article;
(2) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(3) All registrations granted under this article and not renewed in accordance with the provisions of Section 8-12-10;
(4) Any registration concerning which a court of competent jurisdiction shall find:
a. That the registered mark has been abandoned;
b. That the registrant is not the owner of the mark;
c. That the registration was granted improperly;
d. That the registration was obtained fraudulently; or
e. That the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States patent and trademark office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled; or
(5) Any registration when a court of competent jurisdiction shall order cancellation thereof, on any ground.

Legislative History

(Acts 1980, No. 80-166, p. 236, §8.)