The secretary shall cancel from the register, in whole or in part, any of the following:
 1. A registration concerning which the secretary receives a voluntary request for cancellation from the registrant or the assignee of record.

Terms Used In Iowa Code 548.109

  • Abandoned: means the occurrence of any of the following in relation to a mark:
     a. See Iowa Code 548.101
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Mark: means a trademark or service mark, entitled to registration under this chapter, whether registered or not. See Iowa Code 548.101
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Record: means the same as defined in section 554D. See Iowa Code 554E.1
  • Registrant: means a person to whom the registration of a mark under this chapter is issued, and the legal representative, successor, or assignee of such person. See Iowa Code 548.101
  • Secretary: means the secretary of state or the designee of the secretary charged with the administration of this chapter. See Iowa Code 548.101
  • 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 said district and territories. See Iowa Code 4.1
  • Trademark: means a word, name, symbol, or device or any combination of a word, name, symbol, or device, used by a person to identify and distinguish the goods of that person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown. See Iowa Code 548.101
  • United States: includes all the states. See Iowa Code 4.1
 2. A registration granted under this chapter and not renewed in accordance with this chapter.
 3. A registration concerning which a district court finds any of the following:

 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.
 e. That the mark has become the generic name for the goods or services, or a portion of the goods or services, for which the mark has been registered.
 f. That 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 the United States patent and trademark office prior to the date of the filing of the application for registration by the registrant under this chapter, and not abandoned. However, if the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States patent and trademark office covering an area including this state, the registration under this chapter shall not be canceled for such area of the state.
 4. A registration ordered canceled by a court on any ground.
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