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This entry was published on 2014-09-22
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SECTION 360-N
Forum for actions regarding registration; service on out of state registrants
General Business (GBS) CHAPTER 20, ARTICLE 24
§ 360-n. Forum for actions regarding registration; service on out of
state registrants. (a) Actions to require cancellation of a mark
registered pursuant to this article or in mandamus to compel
registration of a mark pursuant to this article shall be brought in the
supreme court. In an action in mandamus, the proceeding shall be based
solely upon the record before the secretary. In an action for
cancellation, the secretary shall not be made a party to the proceeding
but shall be notified of the filing of the complaint by the clerk of the
court in which it is filed and shall be given the right to intervene in
the action.

(b) In any action brought against a non-resident registrant, service
may be effected upon the secretary as agent for service of the
registrant in accordance with the procedures established for service
upon non-resident corporations and business entities.