The secretary of state shall cancel from the register:
(1) Any registration concerning which the secretary of state shall receive a voluntary written request for cancellation thereof from the registrant;
(2) All expired registrations not renewed under this chapter;
(3) Any registration concerning which a court of competent jurisdiction has rendered a final judgment against the registrant, which has become unappealable, canceling the registration or finding that:
(a) The registered trademark has been abandoned;
(b) The registrant under this chapter or under a prior act is not the owner of the trademark;
(c) The registration was granted contrary to the provisions of this chapter;
(d) The registration was obtained fraudulently;
(e) The registered trademark has become incapable of serving as a trademark; or
(f) The registered trademark is so similar to a trademark 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, as to be likely to cause confusion or mistake or to deceive: PROVIDED, That such finding was made on petition of such other person and that should the registrant prove that he or she is the owner of a concurrent registration of the trademark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be canceled.
[ 1989 c 72 § 6; 1955 c 211 § 8.]