§ 51:219 — Cancellation

§219. Cancellation
A. The secretary of state shall cancel from the register:
(1) After one year from July 31, 1968, all registrations under prior acts which are
more than ten years old and not renewed in accordance with this Subpart.
(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 pursuant to this Subpart and not renewed in accordance
with the provisions hereof.
(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.
(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
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 Office
covering an area including this state, the registration hereunder shall not be cancelled.
(5) When a court of competent jurisdiction shall order cancellation of a registration
on any ground.
B. The secretary of state may prescribe and furnish forms for filing a voluntary
cancellation of registration in accordance with Subsection A of this Section.

Legislative History

Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 2019, No. 19, §3, eff. May 28, 2019.