Nebraska § 87-214 Registration; Secretary
of State; cancel; when

Nebraska Statutes

§ 87-214 — Registration; Secretary of State; cancel; when

Nebraska·Ch. 87 Trade Practices

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 from the registrant or the assignee of record;

(2)Any registration granted under sections 87-208 to 87-219.01 and not renewed in accordance with such sections;

(3)Any registration concerning which a court of competent jurisdiction shall find:

(a)That the registered trade name has been abandoned;

(b)That the registrant is not the owner of the trade name;

(c)That the registration was granted improperly; or

(d)That the registration was obtained fraudulently;

(4)Any registration that a court of competent jurisdiction shall order canceled on any ground; and

(5)Any registration where the registrant has failed to publish

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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 from the registrant or the assignee of
record;
(2) Any registration granted under sections 87-208 to 87-219.01 and
not renewed in accordance with such sections;
(3) Any registration concerning which a court of competent jurisdiction
shall find:
(a) That the registered trade name has been abandoned;
(b) That the registrant is not the owner of the trade name;
(c) That the registration was granted improperly; or
(d) That the registration was obtained fraudulently;
(4) Any registration that a court of competent jurisdiction shall order
canceled on any ground; and
(5) Any registration where the registrant has failed to publish such
trade name within forty-five days from the filing in the office of the Secretary
of State and filing proof of publication with the Secretary of State within the
forty-five days.

Nebraska § 87-214 (Registration; Secretary of State; cancel; when) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 1967, c. 628, § 7, p. 2102; Laws 1997, LB 453, § 12; Laws 2010, LB690, § 1; Laws 2011, LB462, § 14; Laws 2013, LB209, § 1. Annotations: Where one has acquired a common-law right in a trade name by its use, the subsequent registration of the trade name by the Secretary of State upon the application of another is invalid and subject to cancellation. White v. Board of Regents of Univ. of Neb. at Lincoln, 260 Neb. 26, 614 N.W.2d 330 (2000).