State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_80 > GS_80-8

§80‑8.  Cancellation.

The Secretary shall cancelfrom the register, in whole or in part:

(1)        Repealed by SessionLaws 1991, c. 626, s. 8.

(2)        Any registrationconcerning which the Secretary shall receive a voluntary request forcancellation thereof from the registrant or the assignee of record.

(3)        All registrationsgranted under this Article and not renewed in accordance with the provisionshereof.

(4)        Any registrationconcerning which a court of competent jurisdiction shall find:

a.         That the registeredmark has been abandoned or has become incapable of serving as a mark;

b.         That the registrantis not the owner of the mark;

c.         That theregistration was granted improperly;

d.         That theregistration was obtained fraudulently;

e.         That theregistration is for a mark that is or has become the generic name for the goodsor services for which it has been registered or for a portion of the goods orservices for which it has been registered;

f.          That theregistration was obtained by means of materially false statements in theapplication for registration; or

g.         That theregistration is so similar to another mark used in the State as to be likely tocause confusion or mistake or to deceive if (i) the other mark was registeredby another person in the United States Patent and Trademark Office prior to thedate of the applicant's first use of the mark that is the subject of theapplication for registration, and (ii) the other mark has not been abandoned. However, if the registrant proves that the registrant is the owner of aconcurrent registration of a mark in the United States Patent and TrademarkOffice covering an area including the entire State, the registration shall notbe cancelled.

(5)        Any registrationwhen a court of competent jurisdiction shall order cancellation thereof.

(6),       (7) Repealed bySession Laws 1997‑476, s. 10. (1967, c. 1007, s. 1; 1991,c. 626, s. 8; 1997‑476, s. 10.)