Section 360-H. Cancellation  


Latest version.
  • The secretary shall cancel from the register,
      in whole or in part:
        (a) any registration concerning which the secretary  shall  receive  a
      voluntary  request  for  cancellation thereof from the registrant or the
      assignee of record;
        (b) all registrations granted under this article and  not  renewed  in
      accordance with the provisions hereof;
        (c)   any   registration   concerning   which  a  court  of  competent
      jurisdiction shall find:
        (1) that the registered mark has been abandoned,
        (2) that the registrant is not the owner of the mark,
        (3) that the registration was granted improperly,
        (4) that the registration was obtained fraudulently,
        (5) that the mark is or has become the generic name for the  goods  or
      services, or a portion thereof, for which it has been registered,
        (6)  that  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;  provided,  however,  that,  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 cancelled for such area of the state, or
        (d) when a court of competent jurisdiction shall order cancellation of
      a registration on any ground.