2015 Oregon Revised Statutes
Volume : 14 - Trade Practices, Labor and Employment
Chapter 647 - Trademarks and Service Marks; Music Royalties
Section 647.075 - Cancellation of registrations.

(1) The Secretary of State shall cancel a registration for a mark or part of a registration if:

(a) The Secretary of State receives a voluntary request from the registrant or the assignee of record to cancel the registration.

(b) The registration has not been renewed in accordance with the provisions of ORS 647.055.

(c) A court of competent jurisdiction either orders cancellation of the registration or makes any of the following findings:

(A) The registered mark has been abandoned.

(B) The registrant is not the owner of the mark.

(C) The registration was granted improperly.

(D) The registration was obtained fraudulently.

(E) The registered mark is the generic name for the goods or services or a portion of the goods or services for which the mark has been registered.

(F) The registered mark is likely to cause confusion or mistake or to deceive because of the registered mark’s similarity to a mark registered with the United States Patent and Trademark Office and not abandoned before the application for the registered mark was filed under ORS 647.015.

(2) If the registrant proves that the registrant has a concurrent registration in the United States Patent and Trademark Office that covers an area that includes this state, the Secretary of State may not cancel the registration for the area covered by the concurrent registration notwithstanding a court’s finding under subsection (1)(c)(F) of this section.

[1961 c.497 §8; 1965 c.511 §8; 1971 c.318 §7; 1981 c.633 §73; 1985 c.728 §88; 2009 c.459 §12]