(765 ILCS 1036/45)
Sec. 45. Cancellation. The Secretary shall cancel from the register, in whole or in part:
(a) any registration concerning which the Secretary
shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(b) all registrations granted under this Act and not
renewed in accordance with this Act;
(c) any registration concerning which the circuit
court shall find:
(1) that the registered mark has been abandoned,
(2) that the registrant is not the owner of the
mark,
(3) that the registration was granted improperly,
(4) that the registration was obtained
fraudulently,
(5) that the mark is or has become the generic
name for the goods or services, or a portion thereof, for which it has been registered, or
(6) 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 hereunder, and not abandoned; however, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this State, the registration hereunder shall not be cancelled for such area of the State; or
(d) a registration when the circuit court shall order
its cancellation on any ground.
The clerk of the court ordering the cancellation or making any of the findings specified in subdivision (c)(3) shall, when such judgment becomes final, transmit a certified copy of the judgment to the Secretary of State.
(Source: P.A. 90-231, eff. 1-1-98; 91-357, eff. 7-29-99.)
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Last modified: February 18, 2015