2017 Delaware Code
Title 6 - Commerce and Trade
CHAPTER 33. TRADEMARKS, BRANDS AND LABELS
§ 3309. Cancellation.
The Secretary of State shall cancel from the register:
(1) After 1 year from the effective date of this chapter, all registrations under prior acts which are more than 10 years old, and not renewed in accordance with this chapter;
(2) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(3) All registrations granted under this chapter and not renewed in accordance with this chapter;
(4) Any registration concerning which a court of competent jurisdiction 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; or
e. That the registered mark is so similar, as to be likely to cause confusion 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 ownership of a concurrent registration of the mark in the United States Patent Office covering an area including this State, the registration hereunder shall not be canceled; or
(5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
60 Del. Laws, c. 612, § 1; 70 Del. Laws, c. 186, § 1.;
