§219. Cancellation

The secretary of state shall cancel from the register:

(1) After one year from July 31, 1968 all registrations under prior acts which are more than ten years old and not renewed in accordance with this Sub-part;

(2) Any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

(3) All registrations granted under this Sub-part and not renewed in accordance with the provisions hereof;

(4) 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 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 he is the owner of a concurrent registration of his mark in the United States Patent Office covering an area including this state, the registration hereunder shall not be cancelled.

(5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.

Added by Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1.