§ 7-70-107 — Judicial cancellation of statement of trademark registration

Colorado § 7-70-107

• Jurisdiction: Colorado
• Title 07: Corporations
• Art.: Trademarks

Text

(1)
A statement of trademark registration or any document affecting a statement of
trademark registration filed by the secretary of state may be canceled in a
proceeding in a court of competent jurisdiction if it is established:

(a) By a person that a statement of trademark registration, or any document
affecting a statement of trademark registration, filed by the secretary of state in
the name of the person, was not duly authorized by the person or was filed without
the person's knowledge or consent; or

(b) By a person who is harmed by a statement of trademark registration, or
any document affecting a statement of trademark registration, that it was delivered
for filing by a person other than the person who is harmed and contains a material
misstatement, was delivered for filing in bad faith, or is fraudulent.

(2) (a) If it is determined in the proceeding that one or more grounds for
cancellation described in subsection (1) of this section exist, an order shall be
issued canceling the statement of trademark registration or any other document
filed by the secretary of state affecting the statement of trademark registration.
Upon issuance of such order, the person requesting cancellation may deliver a
certified copy of the order to the secretary of state for filing pursuant to part 3 of
article 90 of this title.

(b) Upon good cause shown, it may also be ordered that after cancellation,
the filed statement of trademark registration or the filed document affecting the
statement of trademark registration be removed from the publicly accessible
records of the secretary of state. In such a case the secretary of state may retain
the original or a copy of the filed statement of trademark registration or the filed
document affecting the statement of trademark registration, but such original or
copy shall not be opened for inspection, and copies or printouts of the filed
statement of trademark registration or the filed document affecting the statement
of trademark registration shall not be furnished, except upon application to the
secretary of state and only for good cause shown, notwithstanding any provision of
part 2 of article 72 of title 24, C.R.S., or any other provision of law.

(3) This section does not provide the only grounds for cancellation of a
statement of trademark registration or any document affecting a statement of
trademark registration filed by the secretary of state, and any court of competent
jurisdiction may order the cancellation of a statement of trademark registration or
any document affecting a statement of trademark registration filed by the
secretary of state when the court determines that such cancellation is appropriate
relief in any action.

(4) In any proceeding under this section, the court, in exceptional cases, may
award reasonable attorney fees to the prevailing party.

Legislative History

Source: L. 2006: Entire article R&RE, p. 115, � 1, effective May 29, 2007.