Sec. 45.50.140. Cancellation.

286 words·~1 min read·/ak/title-45/chapter-50/45-50-140

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The commissioner shall cancel in whole or in part

(1)a registration for which the commissioner receives a voluntary written request for cancellation from the registrant or the assignee of record;

(2)each registration that expires and is not renewed under AS 45.50.070 and 45.50.090;

(3)a registration found by a court to be

(A)abandoned;

(B)not owned by the registrant;

(C)granted improperly;

(D)obtained fraudulently;

(E)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, before the date of filing of the application for registration by the registrant under AS 45.50.010 — 45.50.205, and not abandoned; however, if the registrant proves that the registrant is the owner of a concurrent registration of the mark in the United States Patent and Trademark Office covering an area including this state, the registration may not be canceled; or

(F)the generic name for all or a portion of the goods or services for which the mark has been registered;

(4)when a court orders cancellation of a registration on any ground.

(b)For purposes of

(a)of this section, registration of a mark is abandoned when use of the mark has been discontinued and the registrant has no intent to resume its use, or when the mark loses its significance as a mark due to action or failure to act by the registrant. The intent not to resume the use of a mark may be inferred from circumstances. No use of a mark by the registrant for at least a 24-month period constitutes prima facie evidence that its registration has been abandoned.