Sec. 10. The secretary shall cancel from the register in whole or in part:

(1) a registration for which the secretary receives a voluntary request for cancellation from the registrant or the assignee of record;

(2) all registrations granted under this chapter and not renewed under section 6 of this chapter;

(3) a registration for which a court of competent jurisdiction 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;

(E) the registered mark is or has become the generic name for the good or the service, or a part of the good or the service, for which the mark was registered; or

(F) the registered mark is so similar to a mark registered by another person on the principal register in the United States Patent and Trademark Office as to be likely to cause deception, confusion, or mistake between the marks, and the mark registered in the United States Patent and Trademark Office was filed before the filing of the electronic application for registration by the registrant under this chapter. However, a mark may not be canceled under this clause if the registrant proves 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 Indiana; or

(4) a registration if a court of competent jurisdiction orders cancellation of the registration on any ground.

Formerly: Acts 1955, c.174, s.10. As amended by P.L.152-1986, SEC.29; P.L.135-2006, SEC.12; P.L.59-2018, SEC.6.