Maryland Code, BUSINESS REGULATION 1-412
Terms Used In Maryland Code, BUSINESS REGULATION 1-412
- 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.
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(1) the registrant asks that it be canceled;
(2) the registrant fails to renew it;
(3) a court of competent jurisdiction orders that it be canceled on any ground; or
(4) a court of competent jurisdiction finds that:
(i) the mark is abandoned;
(ii) the registrant does not own the mark;
(iii) the registration was granted improperly; or
(iv) the registration was obtained fraudulently.
(b) (1) Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that:
(i) was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and
(ii) is not abandoned.
(2) The Secretary of State may not cancel the registration of a mark if the registrant proves that:
(i) the registrant holds a concurrent registration of the mark in the United States Patent Office; and
(ii) the registration in the United States Patent Office covers an area that includes the State.