365.591 Cancellation.

238 words·~1 min read·/ky/chapter-365/365-591

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

The Secretary shall cancel from the register, in whole or in part:

(1)Any registration concerning which the Secretary receives a voluntary request for

cancellation from the registrant or the assignee of record;

(2)All registrations granted under KRS 365.561 to 365.613 and not renewed in

accordance with those provisions;

(3)Any registration concerning which a court of competent jurisdiction has found:

(a)That the registered mark has been abandoned;

(b)That the registrant is not the owner of the mark;

(c)That the registration was granted improperly;

(d)That the registration was obtained fraudulently;

(e)That the mark is or has become the generic name for the goods or services, or

a portion of the goods or services for which it has been registered; or

(f)That the registered mark is so similar to a mark registered by another person

in the United States Patent and Trademark Office prior to the date of the filing

of the registrant's application and not abandoned as to likely cause confusion

or mistake, or to deceive. If the registrant proves that he 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 granted pursuant

to KRS 365.561 to 365.613 shall not be canceled for that area of the state; or

(4)Any registration for which a court of competent jurisdiction orders cancellation on

any ground.