44-1448
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44-1448. Cancellation of registrations The secretary of state shall cancel from the register: 1. Any registration concerning which the secretary of state receives a voluntary request for cancellation thereof from the registrant or the assignee of record. 2. All registrations granted under this article and not reregistered in accordance with the provisions hereof. 3. Any registration concerning which a court of competent jurisdiction finds: (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 registered mark is so similar to a mark registered by another person in the United States patent office, prior to the date of the filing of the application for registration by the registrant under this article, and not abandoned, that it might cause confusion or mistake, or a person to be deceived, but if the registrant proves that he is the owner of a concurrent registration of his mark in the United States patent office covering an area including this state, the registration under this article shall not be canceled. (f) 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. 4. When a court of competent jurisdiction orders cancellation of a registration on any ground. |