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Cancellation - 54 Pa. Cons. Stat. § 1116

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     § 1116.  Cancellation.
        (a)  General rule.--The department shall cancel from the
     register under this chapter:
            (1)  All registrations under this chapter which are not
        renewed in accordance with this chapter.
            (2)  Any registration concerning which the department
        shall receive an application for cancellation thereof from
        the registrant or the assignee of record.
            (3)  Any registration concerning which a court of
        competent jurisdiction shall find:
                (i)  That the registered mark has been abandoned.
                (ii)  That the registrant is not the owner of the
            mark.
                (iii)  That the registration was granted improperly.
                (iv)  That the registration was obtained
            fraudulently.
                (iv.1)  That the mark is or has become the generic
            name for the goods or services or a portion thereof for
            while it has been registered.
                (v)  That the registered mark is 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, prior to the date of the
            filing of the application for registration by the
            registrant under this chapter or former provisions of law
            and not abandoned, except that 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
            Commonwealth, the registration under this chapter shall
            not be cancelled.
            (4)  When a court of competent jurisdiction shall order
        cancellation of a registration on any ground.
            (5)  Any registration in the following circumstances:
                (i)  Where an applicant, by verified statement or
            other good and sufficient evidence, shall prove to the
            satisfaction of the department that the applicant is
            entitled by virtue of prior use to any mark theretofore
            registered in the department.
                (ii)  In the case of a corporation having filed
            articles of dissolution or a decree of dissolution, any
            person may, at any time at least three years thereafter,
            present a petition to the department setting forth such
            fact.
                (iii)  In the case of a person not having filed
            articles of dissolution or a decree of dissolution, but
            having discontinued or gone out of the business to which
            such registration is pertinent.
                (iv)  When a registered mark has been abandoned or
            discontinued for a period of at least five years
            subsequent to registration and such abandonment and
            nonuse still persists.
        In all circumstances enumerated in this paragraph, any person
        may present a petition for cancellation to the department.
        The petition shall set forth the pertinent facts relative
        thereto, and shall contain proof of service of notice of the
        petition on the person in whose name the registration is
        recorded, and asking that such registration be cancelled. The
        department shall fix a time to hear the parties concerned in
        the matter, and shall send, by certified mail, a notice of
        hearing to the person in whose name such registration is
        recorded. If, after hearing, the department is satisfied of
        the truth of the facts alleged in the petition in accordance
        with the provisions of this paragraph, it shall cancel the
        registration.
        (b)  Cross reference.--See 15 Pa.C.S. § 134 (relating to
     docketing statement).
     (Dec. 21, 1988, P.L.1444, No.177, eff. Oct. 1, 1989; June 18,
     1998, P.L.518, No.73, eff. 60 days)

        Special Provisions in Appendix.  See section 7 of Act 295 of
     1982 in the appendix to this title for special provisions
     relating to registration of trademark or service mark.
        Cross References.  Section 1116 is referred to in section
     1111 of this title.

Last modified: November 27, 2007