Oregon Statutes - Chapter 647 - Trademarks and Service Marks; Music Royalties - Section 647.075 - Cancellation of registrations.

(1) The Secretary of State shall cancel a registration of a mark when:

(a) The Secretary of State receives a voluntary request from the registrant or the assignee of record to cancel the registration.

(b) The registration has not been renewed in accordance with the provisions of ORS 647.055.

(c) A court of competent jurisdiction either orders cancellation of the registration or 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.

(2) The Secretary of State may cancel a registration of a mark when, after providing the registrant with an opportunity for a hearing, the Secretary of State makes a written finding that:

(a) The registered mark has been abandoned.

(b) The registrant is not the owner of the mark.

(c) The registration was obtained fraudulently.

(d) The Secretary of State filed the registration in error.

(3) The Secretary of State’s cancellation of a registration under this section is a final order within the meaning of ORS 183.480 to 183.497. [1961 c.497 §8; 1965 c.511 §8; 1971 c.318 §7; 1981 c.633 §73; 1985 c.728 §88]

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Last modified: August 7, 2008