Md. Code, Bus. Reg. § 1-412

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
(ii) is not abandoned.
(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.

Md. Code, BR § 1-412