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§ 1-412. Registration cancellation

West's Annotated Code of MarylandBusiness Regulation

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 1. Definitions; General Provisions (Refs & Annos)
Subtitle 4. Trademarks, Service Marks, and Trade Names (Refs & Annos)
MD Code, Business Regulation, § 1-412
§ 1-412. Registration cancellation
Currentness
(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.

Credits

Added by Acts 1992, c. 4, § 2.
Formerly Art. 41, § 3-108.
MD Code, Business Regulation, § 1-412, MD BUS REG § 1-412
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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