Current through Register 1527, August 2, 2024
Section 62.19 - Cancellation(1) The Division may cancel a mark where the registrant has voluntarily requested cancellation, where the mark is not renewed, or where the superior court has found: (a) that the mark has been abandoned;(b) that the registrant is not the owner of the mark;(c) that the registration was granted improperly or fraudulently;(d) that the mark has become generic for goods or services for which it was registered;(e) that the mark is so similar as to cause confusion or be mistaken for a mark registered by another person in the U.S. Patent and Trademark Office prior to the date of filing the application for registration and has not been abandoned; or(f) that other grounds sufficient to warrant cancellation exist.(2) The request for cancellation must contain:(a) the registrant's name and business address;(b) a written description of the mark;(c) the number and classification in which the goods or services fall;(d) the registration date and number;(e) a statement that the registrant requests cancellation; or(f) a copy of the superior court order of cancellation. If the request for cancellation is made by the registrant, such request shall be signed under penalty of perjury. There is no fee for filing a request for cancellation.