30-13-318. Cancellation. The secretary of state shall cancel from the register:
     (1) after July 1, 1981, each registration made prior to July 1, 1980, that is more than 10 years old and not renewed in accordance with this part;
     (2) any registration for which he receives a written request for cancellation, signed and verified by the registrant or the assignee of record and accompanied by fees as prescribed in this part;
     (3) each registration granted under this part and not renewed in accordance with the provisions of this part;
     (4) any registration concerning which a court of competent jurisdiction finds that:
     (a) the registered mark has been abandoned;
     (b) the registrant is not the owner of the mark;
     (c) the registration was granted improperly;
     (d) the registration was obtained fraudulently;
     (e) the registered mark is so similar to a mark currently registered by another person in the United States patent and trademark office prior to the filing date of the application for registration under this part as to be likely to cause confusion or mistake or to deceive. However, if the registrant proves that he is the owner of a concurrent registration of his mark in the United States patent and trademark office covering an area including this state, the registration under this part may not be canceled.
     (5) a registration ordered canceled by a court of competent jurisdiction on any grounds.

     History: En. Sec. 11, Ch. 429, L. 1979; amd. Sec. 8, Ch. 174, L. 1983.