§ 6-2-8 - Cancellation.

SECTION 6-2-8

   § 6-2-8  Cancellation. – The secretary of state shall cancel:

   (1) Any registration concerning which the secretary of stateshall receive a voluntary request for cancellation from the registrant or theassignee of record;

   (2) Any registration granted and not renewed in accordancewith the provision of this chapter;

   (3) Any registration which the superior court 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 improperly granted;

   (iv) That the registration was fraudulently obtained; or

   (v) That the registered mark is so similar, as to be likelyto cause confusion or mistake or to deceive, to a mark registered by anotherperson in the United States patent office, prior to the date of the filing ofthe application for registration by the registrant under this chapter, and notabandoned; provided, however, that should the registrant prove that he or sheis the owner of a concurrent registration of his or her mark in the UnitedStates patent office covering an area including the state, the registrationunder this chapter shall not be cancelled;

   (4) Any registration ordered cancelled by the superior court.