§ 40-1-108 — Cancellation of registration

Wyoming § 40-1-108

• Jurisdiction: Wyoming
• Title 40: Trade and Commerce
• Ch. 1: TRADEMARKS AND SERVICE MARKS

Text

(a) The secretary shall cancel from the register in whole
or in part:
(i) Repealed By Laws 1997, ch. 112, § 3.
(ii) Any registration concerning which the secretary
shall receive a voluntary request for cancellation thereof from
the registrant or the assignee of record and shall receive
payment of a fee set in accordance with W.S. 40-1-116, but not
to exceed thirty dollars ($30.00);
(iii) All registrations granted under this act and
not renewed in accordance with the provisions hereof;
(iv) 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
and trademark 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 his mark in the United States patent and
trademark office covering an area including this state, the
registration hereunder shall not be cancelled;
(F) That the mark is or has become the generic
name for the goods or services, or a portion thereof, for which
it has been registered.
(v) When a court of competent jurisdiction shall
order cancellation of a registration on any ground;
(vi) Any registration if the secretary finds that
cancellation is in the public interest and that the applicant or
registrant has provided fraudulent information or has failed to
correct false information upon request of the secretary on any
filing under this act, subject to the following:
(A) If the secretary determines that grounds for
cancellation under this paragraph exist, the secretary shall
send the registrant written notice and an explanation of the
secretary's determination by certified mail;
(B) The registrant may file a response within
sixty (60) days after the written notice and explanation under
subparagraph (A) of this paragraph is sent to the registrant;
(C) If the registrant's response does not
demonstrate to the reasonable satisfaction of the secretary that
each ground determined by the secretary for cancellation does
not exist or the registrant does not respond, the secretary
shall cancel the registration and send written notice of the
cancellation to the registrant by certified mail;
(D) The registrant may appeal the cancellation
to the chancery court or a district court of competent
jurisdiction within thirty (30) days after the written notice of
cancellation under subparagraph (C) of this paragraph is sent to
the registrant. The registrant appeals by petitioning the
chancery court or district court to set aside the cancellation
and attaching to the petition copies of all documents sent to
the registrant and filed with the secretary pursuant to
subparagraphs (A) through (C) of this paragraph. The chancery
court or district court may summarily order the secretary to
reinstate the cancelled registration or may take other action
the chancery court or district court considers appropriate. The
district court's or chancery court's final decision may be
appealed as in other civil or chancery proceedings.