Title 10, Chapter 1, Section 448
( 10-1-448)
(a) The Secretary of State shall cancel from the register: (1) Any registration concerning which the Secretary of State shall
receive a voluntary request for cancellation thereof from the
registrant or the assignee of record; (2) All registrations granted under this part and not renewed in
accordance with the provisions of this part; (3) Any registration concerning which a court of competent
jurisdiction shall find that: (A) The registered trademark or service mark has been abandoned; (B) The registrant is not the owner of the trademark or service
mark; (C) The registration was granted improperly; (D) The registration was obtained fraudulently; or (E) The registered trademark or service mark is so similar to a
trademark or service 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
part, and not abandoned, as to be likely to cause confusion or
mistake or to deceive; provided, however, that, should the
registrant prove he is the owner of a concurrent registration of
his trademark or service mark in the United States Patent Office
covering an area including this state, the registration under
this part shall not be canceled; or (4) Any registration which a court of competent jurisdiction shall
order canceled. (b) A fee of $15.00, payable to the Secretary of State, shall
accompany any voluntary request for cancellation. |