CODE OF VIRGINIA

CANCELLATION (§ 59.1-92.10)

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

   1.  Any registration concerning which the Commission receives a voluntary
   request for cancellation thereof from the registrant or the assignee of
   record;

   2.  Any registration granted under this chapter or prior law and not renewed
   in 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 by such
   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
      a portion thereof, for which it has been registered; or

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

B. The Commission may also cause a partial cancellation of a registration by
requiring the registrant to amend the registration to adopt a narrower
identification of goods or services than is identified in the original
certificate.

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

HISTORY: 1998, c. 819.