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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XV REGULATION OF TRADE
  • CHAPTER 110H REGISTRATION AND PROTECTION OF TRADEMARKS
  • Section 9 Cancellation of registration

Section 9. (a) The secretary shall cancel from the register, in whole or in part:—

(1) a registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

(2) registrations granted under this chapter and not renewed in accordance with the provisions hereof;

(3) a registration concerning which the superior court shall find:—

(i) that the registered mark has been abandoned,

(ii) that the registrant is not the owner of the mark,

(iii) that the registration was granted improperly,

(iv) that the registration was obtained fraudulently,

(v) that the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered,

(vi) that the registered mark is 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 prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; but, 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 the commonwealth, the registration hereunder shall not be cancelled for the area of the state, or

(4) when the superior court shall order cancellation of a registration on any ground.

[There is no subsection (b).]