TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 5

REGISTRATION AND PROTECTION OF TRADEMARKS

48-509.  Cancellation. The secretary of state shall cancel from the register, in whole or in part:

(1)  Any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record;

(2)  All registrations granted under this act and not renewed in accordance with the provisions of this chapter;

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

(a)  The registered mark has been abandoned;

(b)  The registrant is not the owner of the mark;

(c)  The registration was granted improperly;

(d)  The registration was obtained fraudulently;

(e)  The mark is or has become the generic name for the goods or services, or a portion thereof, for which it was registered;

(f)  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 this state prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; or

(4)  When a court of competent jurisdiction orders cancellation of a registration on any ground.

History:

[48-509, added 1996, ch. 404, sec. 2, p. 1342.]