§ 6-2-8 - Cancellation.
SECTION 6-2-8
§ 6-2-8 Cancellation. – The secretary of state shall cancel:
(1) Any registration concerning which the secretary of stateshall receive a voluntary request for cancellation from the registrant or theassignee of record;
(2) Any registration granted and not renewed in accordancewith the provision of this chapter;
(3) Any registration which the superior court shall find:
(i) That the registered mark has been abandoned;
(ii) That the registrant is not the owner of the mark;
(iii) That the registration was improperly granted;
(iv) That the registration was fraudulently obtained; or
(v) That the registered mark is so similar, as to be likelyto cause confusion or mistake or to deceive, to a mark registered by anotherperson in the United States patent office, prior to the date of the filing ofthe application for registration by the registrant under this chapter, and notabandoned; provided, however, that should the registrant prove that he or sheis the owner of a concurrent registration of his or her mark in the UnitedStates patent office covering an area including the state, the registrationunder this chapter shall not be cancelled;
(4) Any registration ordered cancelled by the superior court.