§ 1-412

Maryland § 1-412

• Jurisdiction: Maryland
• Article gbr: Business Regulation
• Title: 1

Text

(a) The Secretary of State shall cancel a registration of a mark if:

(1) the registrant asks that it be canceled;

(2) the registrant fails to renew it;

(3) a court of competent jurisdiction orders that it be canceled on any ground; or

(4) a court of competent jurisdiction finds that:

(i) the mark is abandoned;

(ii) the registrant does not own the mark;

(iii) the registration was granted improperly; or

(iv) the registration was obtained fraudulently.

(b) (1) Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that:

(i) was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and

(ii) is not abandoned.

(2) The Secretary of State may not cancel the registration of a mark if the registrant proves that:

(i) the registrant holds a concurrent registration of the mark in the United States Patent Office; and

(ii) the registration in the United States Patent Office covers an area that includes the State.