§ 4-71-209 — Cancellation

The Secretary of State shall cancel from the register, in whole or in part: (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record; (2) All registrations granted under this subchapter and not renewed in accordance with the provisions of this subchapter; (3) Any registration concerning which a court of competent jurisdiction shall find that: (A) The registered mark has been abandoned; (B) The registrant is not the owner of the mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; (E) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or (F) (i) The registered mark is so similar 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 under this subchapter, and not abandoned, as to be likely to cause confusion or mistake or to deceive. (ii) Provided, however, that should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under this subchapter shall not be cancelled for that area of the state; or (4) Any registration that a court of competent jurisdiction shall order cancelled on any ground.

Legislative History

Acts 1997, No. 1109, § 9.