2006 Code of Virginia § 59.1-92.10 - Cancellation

59.1-92.10. Cancellation.

A. The Commission shall cancel, in whole or in part:

1. Any registration concerning which the Commission receives a voluntaryrequest for cancellation thereof from the registrant or the assignee ofrecord;

2. Any registration granted under this chapter or prior law and not renewedin accordance with the provisions hereof; or

3. Any registration concerning which the Commission finds on its own motion,or on petition of any person who alleges that he is or will be damaged bysuch registration, that:

a. The registered mark has been abandoned;

b. The registrant is not the owner of the mark;

c. The registration was granted as a result of a clerical error;

d. The registration was obtained fraudulently;

e. The mark is or has become the generic name for the goods or services, or aportion thereof, for which it has been registered; or

f. There is a substantial likelihood of confusion with a mark or trade namepreviously used in this Commonwealth by another and not abandoned.

B. The Commission may also cause a partial cancellation of a registration byrequiring the registrant to amend the registration to adopt a narroweridentification of goods or services than is identified in the originalcertificate.

C. Before the Commission cancels or partially cancels any registration undersubdivision A 3, the Commission shall give reasonable notice and anopportunity to be heard to the registrant and to other persons known to haveor claim an interest in the mark.

(1998, c. 819.)