§482-6  Revocation of certificate; nonuse. 
(a)  If any trade name is not used by the registrant in accordance with the
declaration in this State for a period of three hundred sixty-five consecutive
days, the certificate of registration shall be subject to revocation.



(b)  Any person desiring such revocation shall
file a verified petition in the office of the director, setting forth facts
indicating such nonuse for a period of three hundred sixty-five consecutive
days immediately preceding the date of the filing of the petition.  The
petitioner, at the petitioner's expense, shall notify the registrant of the
hearing in the manner prescribed by the director and section 91-9.5, and the
registrant shall be given the opportunity of a full hearing in accordance with
chapter 91.



(c)  After granting an opportunity for hearing
to the petitioner and the registrant, the director shall grant or deny the
petition for revocation, as the facts shall warrant. [L Sp 1933, c 29, pt of
§2; RL 1935, §7455; RL 1945, §9290; am L 1947, c 163, pt of §1; RL 1955,
§204-6; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-6; am L 1980,
c 26, §7; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 2001,
c 15, §8; am L 2003, c 124, §87]



 



Case Notes



 



  Nonuse of trade name.  399 F. Supp. 604.



  Trademark lost by abandonment.  10 H. 162.