10 §1527. Cancellation; classification
Title 10: COMMERCE AND TRADE
Part 4: TRADEMARKS AND NAMES
Chapter 301-A: THE REGISTRATION AND PROTECTION OF MARKS HEADING: PL 1991, C. 465, §9 (RPR)
§1527. Cancellation; classification
1. Cancellation required. The Secretary of State shall cancel from the register:
A. After one year from the effective date of this chapter, all registrations under prior Acts which are more than 10 years old and not renewed in accordance with this chapter; [1979, c. 572, §2 (NEW).]
B. Any registration on file when the Secretary of State receives a voluntary request for cancellation from the registrant or the assignee of record. The cancellation must be in writing and recorded with the Secretary of State and accompanied by a filing fee of $10, payable to the Treasurer of State. The Secretary of State may prescribe a form for this purpose. The Secretary of State, upon the recording of a cancellation under this paragraph, shall issue an attested copy to the remitter of the instrument; [2007, c. 535, Pt. A, §1 (AMD); 2007, c. 535, Pt. A, §7 (AFF).]
C. All registrations granted under this chapter and not renewed in accordance with the chapter; [1979, c. 572, §2 (NEW).]
D. 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 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 and not abandoned; provided that, should the registrant prove that he is the owner of a concurrent registration of his mark in the United States Patent and Trademark Office covering an area including this State, the registration shall not be cancelled; or
(6) That, in the case of a certification mark, the registrant does not control, or is not able legitimately to exercise control over, the use of the mark; engages in the production or marketing of any goods or services to which the certification mark is applied; permits the use of the certification mark for purposes other than to certify; or discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which the mark certifies; and [1981, c. 684, §§6, 7 (AMD).]
E. When a court of competent jurisdiction shall order cancellation of a registration on any ground. [1979, c. 572, §2 (NEW).]
[ 2007, c. 535, Pt. A, §1 (AMD); 2007, c. 535, Pt. A, §7 (AFF) .]
2. Classification. The following general classes of goods and services are established for convenience of administration of this chapter, but not to limit or extend the applicant's or registrant's rights and a single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used. If the goods or services fall in more than one class, an additional fee in the amount prescribed in section 1522, subsection 2, shall be paid for each additional class.
The classes are as follows:
A. Goods and services:
(1) Chemical products used in industry, science, photography, agriculture, horticulture, forestry; artificial and synthetic resins; plastics in the form of powders, liquids or pastes, for industrial use; natural and artificial manures; fire extinguishing compositions; tempering substances for preserving foodstuffs; tanning substances and adhesive substances used in industry;
(2) Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; coloring matters, dyestuffs; mordants; natural resins and metals in foil and powder form for painters and decorators;
(3) Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions and dentifrices;
(4) Industrial oils and greases, other than oils and fats and essential oils; lubricants; dust laying and absorbing compositions; fuels, including motor spirit and illuminants and candles, tapers, night lights and wicks;
(5) Pharmaceutical, veterinary and sanitary substances; infants' and invalids' foods; plasters, material for bandaging; material for stopping teeth, dental wax, disinfectants and preparations for killing weeds and destroying vermin;
(6) Unwrought and partly wrought common metals and their alloys; anchors, anvils, bells, rolled and cast building materials; rails and other metallic materials for railway tracks; chains, except driving chains for vehicles; nonelectric cables and wires; locksmiths' work; metallic pipes and tubes; safes and cash boxes; steel balls; horseshoes; nails and screws; other goods in nonprecious metal not included in other classes and ores;
(7) Machines and machine tools; motors, except for land vehicles; machine couplings and belting, except for land vehicles; large size agricultural implements and incubators;
(8) Hand tools and instruments; cutlery, forks and spoons and side arms;
(9) Scientific, nautical, surveying and electrical apparatus and instruments, including wireless apparatus and instruments, photographic, cinematographic, optical, weighing, measuring, signaling, checking, supervision, lifesaving and teaching apparatus and instruments; coin or counterfreed apparatus; talking machines, cash registers; calculating machines and fire extinguishing apparatus;
(10) Surgical, medical, dental and veterinary instruments and apparatus, including artificial limbs, eyes and teeth;
(11) Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes;
(12) Vehicles and apparatus for locomotion by land, air or water;
(13) Firearms; ammunition and projectiles; explosive substances and fireworks;
(14) Precious metals and their alloys and goods in precious metals or coated therewith, except cutlery, forks and spoons and jewelry, precious stones, horological and other chronometric instruments;
(15) Musical instruments, other than talking machines and wireless apparatus;
(16) Paper, cardboard, articles of paper or of cardboard, not included in other classes; printed matter, newspapers and periodicals, books; bookbinding material; photographs; stationery, adhesive stationery materials; artists' materials; paint brushes; typewriters and office requisites, other than furniture; instructional and teaching material, other than apparatus; playing cards; printers' type and stereotype cliches;
(17) Gutta percha, india rubber, balata and substitutes, articles made from these substances and not included in other classes; plastics in the form of sheets, blocks and rods, being for use in manufacture; materials for packing, stopping or insulating; asbestos, mica and their products and nonmetallic hose pipes;
(18) Leather and imitations of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and traveling bags, umbrellas, parasols and walking sticks and whips, harness and saddlery;
(19) Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement; road-making materials; asphalt, pitch and bitumen; portable buildings; stone monuments and chimney pots;
(20) Furniture, mirrors, picture frames and articles, not included in other classes, of wood, cork, reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, substitutes for all these materials or of plastics;
(21) Small domestic utensils and containers, not of precious metals, or coated therewith; combs and sponges; brushes, other than paint brushes; brushmaking materials; instruments and material for cleaning purposes, steel wool; unworked or semiworked glass, excluding glass used in building and glassware, porcelain and earthenware, not included in other classes;
(22) Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials, such as hair, kapok, feathers, seaweed and raw fibrous textile materials;
(23) Yarns and threads;
(24) Tissue piece goods; bed and table covers and textile articles not included in other classes;
(25) Clothing, including boots, shoes and slippers;
(26) Lace and embroidery, ribands and braid; buttons, press buttons, hooks and eyes, pins and needles and artificial flowers;
(27) Carpets, rugs, mats and matting; linoleums and other materials for covering existing floors and nontextile wall hangings;
(28) Games and playthings; gymnastic and sporting articles, except clothing and ornaments and decorations for Christmas trees;
(29) Meats, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams; eggs, milk and other dairy products; edible oils and fats; preserves and pickles;
(30) Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, and preparations made from cereals; bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking powder; salt, mustard, pepper, vinegar, sauces, spices and ice;
(31) Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds; live plants and flowers; foodstuffs for animals and malt;
(32) Beer, ale and porter; mineral and aerated waters and other nonalcoholic drinks and syrups and other preparations for making beverages;
(33) Wines, spirits and liqueurs;
(34) Tobacco, raw or manufactured; smokers' articles and matches; and
(35) Merchandise not otherwise classified;
(36) Advertising and business;
(37) Insurance and financial;
(38) Construction and repair;
(39) Communication;
(40) Transportation and storage;
(41) Material treatment;
(42) Education and entertainment; and
(43) Services not otherwise classified. [1997, c. 376, §6 (AMD).]
[ 1997, c. 376, §6 (AMD) .]
SECTION HISTORY
1979, c. 572, §2 (NEW). 1981, c. 684, §§6,7 (AMD). RR 1991, c. 2, §32 (COR). 1997, c. 376, §6 (AMD). 2007, c. 535, Pt. A, §1 (AMD). 2007, c. 535, Pt. A, §7 (AFF).