Effective 28 Aug 1995

417.041. Cancellation of marks, when. — The secretary of state shall cancel from the register:

(1) After September 28, 1974, all registrations under prior acts which are more than ten years old and not renewed in accordance with sections 417.005 to 417.066;

(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 sections 417.005 to 417.066 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; or

(b) That the registrant is not the owner of the mark; or

(c) That the registration was granted improperly; or

(d) That the registration was obtained fraudulently; or

(e) 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; or

(f) 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 he 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;

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

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(L. 1973 H.B. 281 § 8, A.L. 1995 S.B. 80 & 88)

*Words "and Trademark" do not appear in original rolls.