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This entry was published on 2014-09-22
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SECTION 360-H
Cancellation
General Business (GBS) CHAPTER 20, ARTICLE 24
§ 360-h. Cancellation. 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.