Cancellation of Registrations

1. Law
2. Georgia Code
3. Commerce and Trade
4. Selling and Other Trade Practices
5. Trademarks, Service Marks, and Trade Names
6. Registration and Use of Trademarks and Service Marks
7. Cancellation of Registrations

1. The Secretary of State shall cancel from the register:
   1. Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
   2. All registrations granted under this part and not renewed in accordance with the provisions of this part;
   3. Any registration concerning which a court of competent jurisdiction shall find that:
      1. The registered trademark or service mark has been abandoned;
      2. The registrant is not the owner of the trademark or service mark;
      3. The registration was granted improperly;
      4. The registration was obtained fraudulently; or
      5. The registered trademark or service mark is so similar to a trademark or service 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 under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or
   4. Any registration which a court of competent jurisdiction shall order canceled.
2. A fee of $15.00, payable to the Secretary of State, shall accompany any voluntary request for cancellation.

(Ga. L. 1952, p. 134, § 13; Ga. L. 1963, p. 463, § 8; Ga. L. 1983, p. 1470, § 4.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 74 Am. Jur. 2d, Trademarks and Tradenames, § 70 et seq.

C.J.S.

- 87 C.J.S., Trade-Marks, Trade-Names, and Unfair Competition, § 194.

ALR.

- Abandonment of trademark or trade name, 3 A.L.R.2d 1226.

Reverse confusion doctrine under state trademark law, 114 A.L.R.5th 129.

When does product become generic term so as to warrant cancellation of registration of mark, pursuant to § 14 of Lanham Act (15 USCA § 1064), 156 A.L.R. Fed. 131.

Reverse confusion doctrine under Lanham Trademark Act, 187 A.L.R. Fed. 271.

Application of defense of laches in action to cancel trademark, 64 A.L.R. Fed. 2d 255.

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