Current with changes from the 2024 Legislative Session
Section 1-412 - Cancellation of registration(a) The Secretary of State shall cancel a registration of a mark if:(1) the registrant asks that it be canceled;(2) the registrant fails to renew it;(3) a court of competent jurisdiction orders that it be canceled on any ground; or(4) a court of competent jurisdiction finds that:(i) the mark is abandoned;(ii) the registrant does not own the mark;(iii) the registration was granted improperly; or(iv) the registration was obtained fraudulently.(b)(1) Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that: (i) was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and(2) The Secretary of State may not cancel the registration of a mark if the registrant proves that: (i) the registrant holds a concurrent registration of the mark in the United States Patent Office; and(ii) the registration in the United States Patent Office covers an area that includes the State.