Delaware Code Title 6 Sec. 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.
Terms Used In Delaware Code Title 6 Sec. 3309
- Court: means the Court of Chancery. See Delaware Code Title 6 Sec. 3314
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mark: shall include any trademark or service mark entitled to registration under this chapter, whether registered or not. See Delaware Code Title 6 Sec. 3302
- Person: shall mean any individual, firm, partnership, corporation, association, union or other organization. See Delaware Code Title 6 Sec. 3302
- Registrant: shall mean the person to whom the registration of a trademark under this chapter is issued, that person's legal representatives, successors or assigns. See Delaware Code Title 6 Sec. 3302
- State: means the District of Columbia or the Commonwealth of Puerto Rico or any state, territory, possession, or other jurisdiction of the United States other than the State of Delaware. See Delaware Code Title 6 Sec. 17-101
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302