Michigan Laws 429.38 – Cancellation from register
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The administrator shall cancel from the register:
(a) All registrations under this and prior acts which are more than 10 years old and not renewed in accordance with this act.
Terms Used In Michigan Laws 429.38
- Administrator: means the director of commerce or his or her designated representative. See Michigan Laws 429.31
- 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: includes any trademark or service mark. See Michigan Laws 429.31
- Registrant: means the person to whom the registration of a trademark or service mark under this act is issued, his or her legal representatives, successors, or assigns. See Michigan Laws 429.31
(b) Any registration concerning which the administrator receives a voluntary request for cancellation thereof from the registrant or the assignee of record.
(c) Any registration concerning which a court of competent jurisdiction of record finds:
(i) That the registered mark has been abandoned.
(ii) That the registrant is not the owner of the mark.
(iii) That the registration was granted improperly.
(iv) That the registration was obtained fraudulently.
(d) Any registration ordered canceled on any ground by a court of competent jurisdiction of record.