87-214. Registration; Secretary of State; cancel; when.

210 words·~1 min read·/ne/chapter-87/87-214

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

The Secretary of State shall cancel from the register:

(1)Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation from the registrant or the assignee of record;

(2)Any registration granted under sections 87-208 to 87-219.01 and not renewed in accordance with such sections;

(3)Any registration concerning which a court of competent jurisdiction shall find:

(a)That the registered trade name has been abandoned;

(b)That the registrant is not the owner of the trade name;

(c)That the registration was granted improperly; or

(d)That the registration was obtained fraudulently;

(4)Any registration that a court of competent jurisdiction shall order canceled on any ground; and

(5)Any registration where the registrant has failed to publish such trade name within forty-five days from the filing in the office of the Secretary of State and filing proof of publication with the Secretary of State within the forty-five days.

Where one has acquired a common-law right in a trade name by its use, the subsequent registration of the trade name by the Secretary of State upon the application of another is invalid and subject to cancellation. White v. Board of Regents of Univ. of Neb. at Lincoln, 260 Neb. 26, 614 N.W.2d 330 (2000).