(a) The commissioner shall cancel in whole or in part
(1) a registration for which the commissioner receives a voluntary written request for cancellation from the registrant or the assignee of record;
(2) each registration that expires and is not renewed under AS 45.50.070 and 45.50.090;
(3) a registration found by a court to be
(A) abandoned;
(B) not owned by the registrant;
(C) granted improperly;
(D) obtained fraudulently;
(E) so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office, before the date of filing of the application for registration by the registrant under AS 45.50.010 - 45.50.205, and not abandoned; however, if the registrant proves that the registrant is the owner of a concurrent registration of the mark in the United States Patent and Trademark Office covering an area including this state, the registration may not be canceled; or
(F) the generic name for all or a portion of the goods or services for which the mark has been registered;
(4) when a court orders cancellation of a registration on any ground.
(b) For purposes of (a) of this section, registration of a mark is abandoned when use of the mark has been discontinued and the registrant has no intent to resume its use, or when the mark loses its significance as a mark due to action or failure to act by the registrant. The intent not to resume the use of a mark may be inferred from circumstances. No use of a mark by the registrant for at least a 24-month period constitutes prima facie evidence that its registration has been abandoned.
Section: Previous 45.50.080 45.50.090 45.50.100 45.50.110 45.50.120 45.50.125 45.50.130 45.50.140 45.50.150 45.50.160 45.50.170 45.50.180 45.50.190 45.50.200 45.50.205 NextLast modified: November 15, 2016