(a)The secretary of state shall cancel from the
registration record:
(i)Any registration upon request for cancellation
from the registrant or the assignee of record and upon payment
of a fee of ten dollars ($10.00) to the secretary of state to be
credited to the general fund;
(ii)Any registration granted under this act and not
renewed in accordance with its provisions;
(iii)Any registration if a court of competent
jurisdiction finds:
(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.
(iv)Any registration if the secretary finds that
cancellation is in the public interest and that the applicant or
registrant has provide
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(a) The secretary of state shall cancel from the
registration record:
(i) Any registration upon request for cancellation
from the registrant or the assignee of record and upon payment
of a fee of ten dollars ($10.00) to the secretary of state to be
credited to the general fund;
(ii) Any registration granted under this act and not
renewed in accordance with its provisions;
(iii) Any registration if a court of competent
jurisdiction finds:
(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.
(iv) 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.