Section 1-412 - Cancellation of registration. - Maryland Statutes

§ 1-412. Cancellation of registration.
 

(a)  In general.- 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)  Registration in patent office.-  

(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. 
 

[An. Code 1957, art. 41, § 3-108; 1992, ch. 4, § 2.]