59.1-92.10 - Cancellation.
§ 59.1-92.10. Cancellation.
A. The Commission shall cancel, in whole or in part:
1. Any registration concerning which the Commission receives a voluntaryrequest for cancellation thereof from the registrant or the assignee ofrecord;
2. Any registration granted under this chapter or prior law and not renewedin accordance with the provisions hereof; or
3. Any registration concerning which the Commission finds on its own motion,or on petition of any person who alleges that he is or will be damaged bysuch registration, that:
a. The registered mark has been abandoned;
b. The registrant is not the owner of the mark;
c. The registration was granted as a result of a clerical error;
d. The registration was obtained fraudulently;
e. The mark is or has become the generic name for the goods or services, or aportion thereof, for which it has been registered; or
f. There is a substantial likelihood of confusion with a mark or trade namepreviously used in this Commonwealth by another and not abandoned.
B. The Commission may also cause a partial cancellation of a registration byrequiring the registrant to amend the registration to adopt a narroweridentification of goods or services than is identified in the originalcertificate.
C. Before the Commission cancels or partially cancels any registration undersubdivision A 3, the Commission shall give reasonable notice and anopportunity to be heard to the registrant and to other persons known to haveor claim an interest in the mark.
(1998, c. 819.)