A. The Commission shall cancel, in whole or in part:
1. Any registration concerning which the Commission receives a voluntaryrequest for cancellation thereof from the registrant or the assignee ofrecord;
2. Any registration granted under this chapter or prior law and not renewedin accordance with the provisions hereof; or
3. Any registration concerning which the Commission finds on its own motion,or on petition of any person who alleges that he is or will be damaged bysuch registration, that:
a. The registered mark has been abandoned;
b. The registrant is not the owner of the mark;
c. The registration was granted as a result of a clerical error;
d. The registration was obtained fraudulently;
e. The mark is or has become the generic name for the goods or services, or aportion thereof, for which it has been registered; or
f. There is a substantial likelihood of confusion with a mark or trade namepreviously used in this Commonwealth by another and not abandoned.
B. The Commission may also cause a partial cancellation of a registration byrequiring the registrant to amend the registration to adopt a narroweridentification of goods or services than is identified in the originalcertificate.
C. Before the Commission cancels or partially cancels any registration undersubdivision A 3, the Commission shall give reasonable notice and anopportunity to be heard to the registrant and to other persons known to haveor claim an interest in the mark.
A. The Commission shall cancel, in whole or in part:
1. Any registration concerning which the Commission receives a voluntaryrequest for cancellation thereof from the registrant or the assignee ofrecord;
2. Any registration granted under this chapter or prior law and not renewedin accordance with the provisions hereof; or
3. Any registration concerning which the Commission finds on its own motion,or on petition of any person who alleges that he is or will be damaged bysuch registration, that:
a. The registered mark has been abandoned;
b. The registrant is not the owner of the mark;
c. The registration was granted as a result of a clerical error;
d. The registration was obtained fraudulently;
e. The mark is or has become the generic name for the goods or services, or aportion thereof, for which it has been registered; or
f. There is a substantial likelihood of confusion with a mark or trade namepreviously used in this Commonwealth by another and not abandoned.
B. The Commission may also cause a partial cancellation of a registration byrequiring the registrant to amend the registration to adopt a narroweridentification of goods or services than is identified in the originalcertificate.
C. Before the Commission cancels or partially cancels any registration undersubdivision A 3, the Commission shall give reasonable notice and anopportunity to be heard to the registrant and to other persons known to haveor claim an interest in the mark.
A. The Commission shall cancel, in whole or in part:
1. Any registration concerning which the Commission receives a voluntaryrequest for cancellation thereof from the registrant or the assignee ofrecord;
2. Any registration granted under this chapter or prior law and not renewedin accordance with the provisions hereof; or
3. Any registration concerning which the Commission finds on its own motion,or on petition of any person who alleges that he is or will be damaged bysuch registration, that:
a. The registered mark has been abandoned;
b. The registrant is not the owner of the mark;
c. The registration was granted as a result of a clerical error;
d. The registration was obtained fraudulently;
e. The mark is or has become the generic name for the goods or services, or aportion thereof, for which it has been registered; or
f. There is a substantial likelihood of confusion with a mark or trade namepreviously used in this Commonwealth by another and not abandoned.
B. The Commission may also cause a partial cancellation of a registration byrequiring the registrant to amend the registration to adopt a narroweridentification of goods or services than is identified in the originalcertificate.
C. Before the Commission cancels or partially cancels any registration undersubdivision A 3, the Commission shall give reasonable notice and anopportunity to be heard to the registrant and to other persons known to haveor claim an interest in the mark.
