Indiana Code 24-2-1-14.5. Cancellation; action to compel registration; jurisdiction
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Sec. 14.5. (a) An action for cancellation of a mark registered under this chapter or an action to compel registration of a mark under this chapter must be brought in a court with jurisdiction in Indiana.
(1) may not be made a party to an action;
(b) In an action for cancellation of a mark, the secretary:
Terms Used In Indiana Code 24-2-1-14.5
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
(2) must be notified of the filing of a complaint in an action by the clerk of the court in which the complaint is filed; and
(3) is entitled to intervene in an action for cancellation of a mark.
(c) In an action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities.
As added by P.L.135-2006, SEC.18.