1. Actions to require cancellation of a mark registered pursuant to this chapter shall be brought in district court. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the district court in which it is filed and shall be given the right to intervene in the action.

Terms Used In Iowa Code 548.115

  • clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Mark: means a trademark or service mark, entitled to registration under this chapter, whether registered or not. See Iowa Code 548.101
  • 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
 2. 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 under section 617.3.
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