|
U.S. Code as of:
01/19/04
Section 1064. Cancellation of registration
A petition to cancel a registration of a mark, stating the
grounds relied upon, may, upon payment of the prescribed fee, be
filed as follows by any person who believes that he is or will be
damaged, including as a result of dilution under section 1125(c) of
this title, by the registration of a mark on the principal register
established by this chapter, or under the Act of March 3, 1881, or
the Act of February 20, 1905:
(1) Within five years from the date of the registration of the
mark under this chapter.
(2) Within five years from the date of publication under
section 1062(c) of this title of a mark registered under the Act
of March 3, 1881, or the Act of February 20, 1905.
(3) At any time if the registered mark becomes the generic name
for the goods or services, or a portion thereof, for which it is
registered, or is functional, or has been abandoned, or its
registration was obtained fraudulently or contrary to the
provisions of section 1054 of this title or of subsection (a),
(b), or (c) of section 1052 of this title for a registration
under this chapter, or contrary to similar prohibitory provisions
of such prior Acts for a registration under such Acts, or if the
registered mark is being used by, or with the permission of, the
registrant so as to misrepresent the source of the goods or
services on or in connection with which the mark is used. If the
registered mark becomes the generic name for less than all of the
goods or services for which it is registered, a petition to
cancel the registration for only those goods or services may be
filed. A registered mark shall not be deemed to be the generic
name of goods or services solely because such mark is also used
as a name of or to identify a unique product or service. The
primary significance of the registered mark to the relevant
public rather than purchaser motivation shall be the test for
determining whether the registered mark has become the generic
name of goods or services on or in connection with which it has
been used.
(4) At any time if the mark is registered under the Act of
March 3, 1881, or the Act of February 20, 1905, and has not been
published under the provisions of subsection (c) of section 1062
of this title.
(5) At any time in the case of a certification mark on the
ground that the registrant (A) does not control, or is not able
legitimately to exercise control over, the use of such mark, or
(B) engages in the production or marketing of any goods or
services to which the certification mark is applied, or (C)
permits the use of the certification mark for purposes other than
to certify, or (D) discriminately refuses to certify or to
continue to certify the goods or services of any person who
maintains the standards or conditions which such mark certifies:
Provided, That the Federal Trade Commission may apply to cancel on
the grounds specified in paragraphs (3) and (5) of this section any
mark registered on the principal register established by this
chapter, and the prescribed fee shall not be required. Nothing in
paragraph (5) shall be deemed to prohibit the registrant from using
its certification mark in advertising or promoting recognition of
the certification program or of the goods or services meeting the
certification standards of the registrant. Such uses of the
certification mark shall not be grounds for cancellation under
paragraph (5), so long as the registrant does not itself produce,
manufacture, or sell any of the certified goods or services to
which its identical certification mark is applied.
|
|