(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 makes any of the following findings:
(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 the generic name for the goods or services or a portion of the goods or services for which the mark has been registered.
(F) The registered mark is likely to cause confusion or mistake or to deceive because of the registered mark’s similarity to a mark registered with the United States Patent and Trademark Office and not abandoned before the application for the registered mark was filed under ORS 647.015.
(2) If the registrant proves that the registrant has a concurrent registration in the United States Patent and Trademark Office that covers an area that includes this state, the Secretary of State may not cancel the registration for the area covered by the concurrent registration notwithstanding a court’s finding under subsection (1)(c)(F) of this section. [1961 c.497 §8; 1965 c.511 §8; 1971 c.318 §7; 1981 c.633 §73; 1985 c.728 §88; 2009 c.459 §12]
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
