(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]
Section: Previous 647.040 647.045 647.050 647.055 647.060 647.065 647.070 647.075 647.080 647.085 647.090 647.095 647.100 647.105 647.107 NextLast modified: August 7, 2008