The secretary shall cancel from the register, in whole or in part:
A. a registration where the secretary shall receive a voluntary request for cancellation from the registrant or the assignee of record;
B. a registration granted under the Trademark Act and not renewed in accordance with its provisions;
C. a registration of which a court of competent jurisdiction finds that:
(1) the registered mark has been abandoned;
(2) the registrant is not the owner of the mark;
(3) the registration was granted improperly;
(4) the registration was obtained fraudulently;
(5) the mark is or has become the generic name for the goods or services or a portion of them, for which it has been registered; or
(6) the registered mark is so similar as to likely 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 and not abandoned; or
D. when a court of competent jurisdiction orders the cancellation of a registration on any ground.
History: Laws 1997, ch. 197, § 11.
Am. Jur. 2d, A.L.R. and C.J.S. references. — When does product become generic term so as to warrant cancellation of registration of mark, pursuant to § 14 of Lanham Act (15 U.S.C.A. § 1064), 156 A.L.R. Fed. 131.
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