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.]
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