Section 45.50.140. Cancellation.

   (a) The commissioner shall cancel in whole or in part
        (1) a registration for which the commissioner receives a voluntary written request for cancellation from the registrant or the assignee of record;
        (2) each registration that expires and is not renewed under AS 45.50.070 and 45.50.090;
        (3) a registration found by a court to be
             (A) abandoned;
             (B) not owned by the registrant;
             (C) granted improperly;
             (D) obtained fraudulently;
             (E) so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office, before the date of filing of the application for registration by the registrant under AS 45.50.010 - 45.50.205, and not abandoned; however, if the registrant proves that the registrant is the owner of a concurrent registration of the mark in the United States Patent and Trademark Office covering an area including this state, the registration may not be canceled; or
             (F) the generic name for all or a portion of the goods or services for which the mark has been registered;
        (4) when a court orders cancellation of a registration on any ground.
   (b) For purposes of (a) of this section, registration of a mark is abandoned when use of the mark has been discontinued and the registrant has no intent to resume its use, or when the mark loses its significance as a mark due to action or failure to act by the registrant. The intent not to resume the use of a mark may be inferred from circumstances. No use of a mark by the registrant for at least a 24-month period constitutes prima facie evidence that its registration has been abandoned.

Notes

History

(Sec. 8 ch 84 SLA 1961; am Sec. 10 ch 18 SLA 1977; am Sec. 19, 20 ch 132 SLA 1996)