495.101 Cancellation.

359 words·~2 min read·/fl/title-xxxiii/chapter-495/495-101

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

The department shall cancel from the register:

(1)Any registration for which the department has received a voluntary request for cancellation by the registrant, which request shall be in a manner and form complying with the requirements of the department.

(2)All registrations granted under this chapter and not renewed in accordance with the provisions hereof.

(3)Any registration for which a court of competent jurisdiction finds that:

(a)The registered mark has been abandoned.

(b)The registrant is not the owner of the mark.

(c)The registration was granted improperly.

(d)The registration was obtained fraudulently.

(e)The mark is or has become the generic name for the goods or services, or a portion thereof, for which the mark has been registered.

(f)The registered mark is 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, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; however, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration hereunder shall not be canceled.

(g)In the case of a certification mark, that the registrant does not control or is not able to exercise control over the use of such mark; or engages in the production or marketing of any goods or services to which the certification mark is applied; or the registrant permits the use of the certification mark for purposes other than to certify; or the registrant discriminately refuses to certify or continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies. Nothing in this paragraph shall be deemed to prohibit the registrant from using its certification mark in advertising or promoting recognition of the certification program or of the goods or services meeting the certification standards of the registrant.

(4)When a court of competent jurisdiction shall order cancellation of a registration on any ground.