Cancellation.

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A. The Secretary of State shall cancel from the register:

1. After one (1) year from the effective date of this act, all registrations under prior acts which are more than ten (10) years old and not renewed in accordance with this act;

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 act 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 trademark has been abandoned,
  • b.that the registrant is not the owner of the trademark,
  • c.that the registration was granted improperly,
  • d.that the registration was obtained fraudulently;

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

B. At the time of filing a cancellation, a fee in the amount of Twenty-five Dollars ($25.00) shall be paid to the Secretary of State.

Laws 1959, p. 371, § 8; Laws 1994, c. 267, § 8, eff. July 1, 1994.


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