417.041. Cancellation of marks, when.
Cancellation of marks, when.
417.041. The secretary of state shall cancel from the register:
(1) After September 28, 1974, all registrations under prior actswhich are more than ten years old and not renewed in accordance withsections 417.005 to 417.066;
(2) Any registration concerning which the secretary of state shallreceive a voluntary request for cancellation thereof from the registrant orthe assignee of record;
(3) All registrations granted under sections 417.005 to 417.066 andnot renewed in accordance with the provisions hereof;
(4) Any registration concerning which a court of competentjurisdiction shall find:
(a) That the registered mark has been abandoned; or
(b) That the registrant is not the owner of the mark; or
(c) That the registration was granted improperly; or
(d) That the registration was obtained fraudulently; or
(e) That the mark is or has become the generic name for the goods orservices, or a portion thereof, for which it has been registered; or
(f) That the registered mark is so similar, as to be likely to causeconfusion or mistake or to deceive, to a mark registered by another personin the United States Patent and Trademark Office, prior to the date of thefiling of the application for registration by the registrant hereunder, andnot abandoned; provided, however, that should the registrant prove that heis the owner of a concurrent registration of his mark in the United StatesPatent and Trademark* Office covering an area including this state, theregistration hereunder shall not be canceled;
(5) When a court of competent jurisdiction shall order cancellationof a registration on any ground.
(L. 1973 H.B. 281 § 8, A.L. 1995 S.B. 80 & 88)*Words "and Trademark" do not appear in original rolls.