§ 47-25-509. Cancellation

The secretary shall cancel from the register, in whole or in part:

1. Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
2. All registrations granted under this part and not renewed in accordance with this part;
3. Any registration concerning which a court of competent jurisdiction finds that:

   1. The registered mark has been abandoned;
   2. The registrant is not the owner of the mark;
   3. The registration was granted improperly;
   4. The registration was obtained fraudulently;
   5. The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
   6. The registered mark is so similar to a mark registered by another person in the United States patent and trademark office prior to the date of the filing of the application for registration by the registrant hereunder, and which has not been abandoned, as to be likely to cause confusion, mistake or deception; provided, that should the registrant prove 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 this state, the registration hereunder shall not be cancelled for such area of the state; or
4. When a court of competent jurisdiction shall order cancellation of a registration on any ground.