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§ 1-412. Cancellation of registration

MD Bus Reg Code § 1-412 (2019) (N/A)
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(a)    The Secretary of State shall cancel a registration of a mark if:

(1)    the registrant asks that it be canceled;

(2)    the registrant fails to renew it;

(3)    a court of competent jurisdiction orders that it be canceled on any ground; or

(4)    a court of competent jurisdiction finds that:

(i)    the mark is abandoned;

(ii)    the registrant does not own the mark;

(iii)    the registration was granted improperly; or

(iv)    the registration was obtained fraudulently.

(b)    (1)    Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that:

(i)    was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and

(ii)    is not abandoned.

(2)    The Secretary of State may not cancel the registration of a mark if the registrant proves that:

(i)    the registrant holds a concurrent registration of the mark in the United States Patent Office; and

(ii)    the registration in the United States Patent Office covers an area that includes the State.

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§ 1-411. Assignment
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