§482-8  Revocation of trade name
registration.  (a)  Any person claiming to be the owner of a trade name or
mark whose common law rights are infringed upon, or any entity registered or
authorized to transact business under the laws of this State whose common law
right to its entity name are infringed upon, by a trade name for which a
certificate of registration pursuant to this chapter has been issued to any
other person may file a petition in the office of the director for the
revocation of the registration of that trade name.  The petition shall set
forth the facts and authority supporting the claim that the petitioner has
common law rights of ownership of the trade name, mark, or entity name, that
these rights are being infringed upon by the other registered trade name that
is confusingly similar to the petitioner's trade name, mark, or entity name,
and that the certificate of registration should be revoked.



(b)  Any person with a registered trade name in
this State, or any entity registered or authorized to transact business under
the laws of this State, claiming that another subsequently registered trade
name is substantially identical to its registered trade name or entity name,
respectively, may file a petition in the office of the director for the revocation
of the registration of the subsequently registered trade name.  The petition
shall set forth the facts and authority supporting the claim that the
petitioner's registered trade name or entity name is substantially identical to
the subsequently registered trade name, the petitioner's trade name or entity
name was registered before the subsequently registered trade name, and the
registration of the subsequently registered trade name should be revoked.



(c)  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 for a hearing in accordance with chapter 91.



(d)  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 1941, c 75, §1(7456-A);
RL 1945, §9292; RL 1955, §204-8; am L Sp 1959 2d, c 1, §15; am L 1963, c 114,
§3; HRS §482-8; am L 1980, c 26, §9; am L 1982, c 204, §8; am L 1983, c 124,
§17; gen ch 1985; am L 2001, c 15, §10; am L 2003, c 124, §89; am L 2008, c
108, §10]