Delaware § 3309 Cancellation

Delaware Statutes

§ 3309 — Cancellation

Delaware § 3309

Title6

Ch. 33TRADEMARKS, BRANDS AND LABELS

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Bluebook

Del. Code tit. 6, § 3309 (2026).

Text

The Secretary of State shall cancel from the register:

(1)After 1 year from the effective date of this chapter, all registrations under prior acts which are more than 10 years old, and not renewed in accordance with this chapter;

(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 chapter and not renewed in accordance with this chapter;

(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. Tha

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The Secretary of State shall cancel from the register:

(1) After 1 year from the effective date of this chapter, all registrations under prior acts which are more than 10 years old, and not renewed in accordance with this chapter;

(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 chapter and not renewed in accordance with this chapter;

(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 to deceive, to a mark registered by another person in the United States Patent 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 ownership of a concurrent registration of the mark in the United States Patent Office covering an area including this State, the registration hereunder shall not be canceled; or

(5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.