The secretary of state shall cancel from the register, in whole or in part:
(1)  Any registration concerning which the secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record;
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Terms Used In Idaho Code 48-509

  • Abandoned: shall mean when either of the following occurs:
Idaho Code 48-501
  • 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 mean any trademark, service mark, collective mark or certification mark entitled to registration under this act whether registered or not. See Idaho Code 48-501
  • Person: shall mean the applicant or other party entitled to a benefit or privilege or rendered liable under the provisions of this act and includes a juristic person as well as a natural person. See Idaho Code 48-501
  • Registrant: shall mean the person to whom the registration of a mark under this act is issued, and the legal representatives, successors or assigns of such person. See Idaho Code 48-501
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
    • (2)  All registrations granted under this act and not renewed in accordance with the provisions of this chapter;
    (3)  Any registration concerning which a court of competent jurisdiction shall find that:
    (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 mark is or has become the generic name for the goods or services, or a portion thereof, for which it was registered;
    (f)  The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in this state prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned; or
    (4)  When a court of competent jurisdiction orders cancellation of a registration on any ground.