§ 47-22-08 — Cancellation

North Dakota § 47-22-08

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-22: Trademarks

Text

The secretary of state shall cancel from the register:
1. Any registration concerning which the secretary of state shall receive a voluntary
request for cancellation thereof from the registrant or the assignee of record on forms
prescribed by the secretary of state.
2. All registrations granted under this chapter and not renewed in accordance with the
provisions hereof.
3. Any registration concerning which a state district court shall find any of the following:
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 registration 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 the registrant is the owner of a concurrent registration of
the registrant's mark in the United States patent office covering an area including
this state, the registration hereunder shall not be canceled.
4. When a district court shall order cancellation of a registration on any ground.

5. Any mark whose registered owner is a corporation, limited liability company, limited
partnership, limited liability partnership, or limited liability limited partnership that has
ceased to exist for six months.