[ Chapter 110B effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
[ Text of section effective until October 30, 2006. Repealed by 2006, 195, Sec. 1.]
Section 8. The state secretary shall cancel:
(1) any registration concerning which the state secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2) any registration granted and not renewed in accordance with the provision hereof;
(3) any registration which the superior court shall find
(a) that the registered mark has been abandoned,
(b) that the registrant is not the owner of the mark,
(c) that the registration was granted improperly,
(d) that the registration was obtained fraudulently,
(e) 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 Office, prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States Patent Office covering an area including the commonwealth, the registration hereunder shall not be cancelled.
(4) any registration which has been ordered cancelled by the superior court.