As Amended
SEC. 75-25-15. Cancellation.
[Until January 1, 1997, this section reads as appearing in the bound volume.] [Until January 1, 1997, this section reads as follows:] The secretary of state shall cancel from the register:
(a) after one (1) year from the effective date of this chapter, all registrations under prior laws which are more than ten (10) years old and not renewed in accordance with this chapter;
(b) any registration concerning which the secretary of state shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(c) all registrations granted under this chapter and not renewed in accordance with the provisions hereof;
(d) any registration concerning which a court of competent jurisdiction 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 granted improperly,
(iv) that the registration was obtained fraudulently,
(v) 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 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 he is the owner of a concurrent registration of his mark in the United States Patent Office covering an area including this state, the registration hereunder shall not be cancelled,
(vi) when a court of competent jurisdiction shall order cancellation of a registration on any ground.
[From and after January 1, 1997, this section will be entitled: "Record of marks registered or renewed, or documents recorded.", and will read as follows:] The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded pursuant to Section 75-25-13.
SOURCES: Codes, 1942, Sec. 4227-08; Laws, 1952, ch. 338, Sec. 8; 1971, ch. 437, Sec. 8, eff from and after July 1, 1971. Laws, 1996, ch. 402, Sec. 8, eff from and after January 1, 1997