87-214 Registration; Secretary of State; cancel; when. - Nebraska Statutes

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Statutes > Nebraska > Chapter87 > 87-214

87-214. Registration; Secretary of State;cancel; when.The Secretary of State shall cancel from theregister:(1) Any registration concerning which the Secretary of State shall receivea voluntary request for cancellation from the registrant or the assignee ofrecord;(2) Any registration granted under sections 87-208 to 87-220 and notrenewed in accordance with such sections;(3) Any registration concerning which a court of competent jurisdictionshall find:(a) That the registered trade name has been abandoned;(b) That the registrant is not the owner of the trade name;(c) That the registration was granted improperly; or(d) That the registration was obtained fraudulently;(4) Any registration that a court of competent jurisdiction shall ordercanceled on any ground; and(5) Any registration where the registrant has failed to publish suchtrade name within forty-five days from the filingin the office of the Secretary of State and filing proof of publication withthe Secretary of State and county clerk within the forty-five days. SourceLaws 1967, c. 628, § 7, p. 2102; Laws 1997, LB 453, § 12; Laws 2010, LB690, § 1.Effective Date: July 15, 2010AnnotationsWhere one has acquired a common-law right in a trade name by its use, the subsequent registration of the trade name by the Secretary of State upon the application of another is invalid and subject to cancellation. White v. Board of Regents of Univ. of Neb. at Lincoln, 260 Neb. 26, 614 N.W.2d 330 (2000).

State Codes and Statutes

Statutes > Nebraska > Chapter87 > 87-214

87-214. Registration; Secretary of State;cancel; when.The Secretary of State shall cancel from theregister:(1) Any registration concerning which the Secretary of State shall receivea voluntary request for cancellation from the registrant or the assignee ofrecord;(2) Any registration granted under sections 87-208 to 87-220 and notrenewed in accordance with such sections;(3) Any registration concerning which a court of competent jurisdictionshall find:(a) That the registered trade name has been abandoned;(b) That the registrant is not the owner of the trade name;(c) That the registration was granted improperly; or(d) That the registration was obtained fraudulently;(4) Any registration that a court of competent jurisdiction shall ordercanceled on any ground; and(5) Any registration where the registrant has failed to publish suchtrade name within forty-five days from the filingin the office of the Secretary of State and filing proof of publication withthe Secretary of State and county clerk within the forty-five days. SourceLaws 1967, c. 628, § 7, p. 2102; Laws 1997, LB 453, § 12; Laws 2010, LB690, § 1.Effective Date: July 15, 2010AnnotationsWhere one has acquired a common-law right in a trade name by its use, the subsequent registration of the trade name by the Secretary of State upon the application of another is invalid and subject to cancellation. White v. Board of Regents of Univ. of Neb. at Lincoln, 260 Neb. 26, 614 N.W.2d 330 (2000).

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State Codes and Statutes

Statutes > Nebraska > Chapter87 > 87-214

87-214. Registration; Secretary of State;cancel; when.The Secretary of State shall cancel from theregister:(1) Any registration concerning which the Secretary of State shall receivea voluntary request for cancellation from the registrant or the assignee ofrecord;(2) Any registration granted under sections 87-208 to 87-220 and notrenewed in accordance with such sections;(3) Any registration concerning which a court of competent jurisdictionshall find:(a) That the registered trade name has been abandoned;(b) That the registrant is not the owner of the trade name;(c) That the registration was granted improperly; or(d) That the registration was obtained fraudulently;(4) Any registration that a court of competent jurisdiction shall ordercanceled on any ground; and(5) Any registration where the registrant has failed to publish suchtrade name within forty-five days from the filingin the office of the Secretary of State and filing proof of publication withthe Secretary of State and county clerk within the forty-five days. SourceLaws 1967, c. 628, § 7, p. 2102; Laws 1997, LB 453, § 12; Laws 2010, LB690, § 1.Effective Date: July 15, 2010AnnotationsWhere one has acquired a common-law right in a trade name by its use, the subsequent registration of the trade name by the Secretary of State upon the application of another is invalid and subject to cancellation. White v. Board of Regents of Univ. of Neb. at Lincoln, 260 Neb. 26, 614 N.W.2d 330 (2000).