§ 360-H — Cancellation

New York § 360-H

• Jurisdiction: New York
• Law GBS: General Business
• Art. 24: Trademarks

Text

§ 360-h. Cancellation. The secretary shall cancel from the register,\nin whole or in part:\n (a) any registration concerning which the secretary shall receive a\nvoluntary request for cancellation thereof from the registrant or the\nassignee of record;\n (b) all registrations granted under this article and not renewed in\naccordance with the provisions hereof;\n (c) any registration concerning which a court of competent\njurisdiction shall find:\n (1) that the registered mark has been abandoned,\n (2) that the registrant is not the owner of the mark,\n (3) that the registration was granted improperly,\n (4) that the registration was obtained fraudulently,\n (5) that the mark is or has become the generic name for the goods or\nservices, or a portion thereof, for which it has been registered,\n (6) that the registered mark is so similar, as to be likely to cause\nconfusion or mistake or to deceive, to a mark registered by another\nperson in the United States Patent and Trademark Office prior to the\ndate of the filing of the application for registration by the registrant\nhereunder, and not abandoned; provided, however, that, should the\nregistrant prove that the registrant is the owner of a concurrent\nregistration of a mark in the United States Patent and Trademark Office\ncovering an area including this state, the registration hereunder shall\nnot be cancelled for such area of the state, or\n (d) when a court of competent jurisdiction shall order cancellation of\na registration on any ground.\n