Nebraska Statutes 87-136. Cancellation from register
The secretary shall cancel from the register, in whole or in part:
Terms Used In Nebraska Statutes 87-136
- 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: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- United States: shall include territories, outlying possessions, and the District of Columbia. See Nebraska Statutes 49-801
(1) Any registration concerning which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2) All registrations granted under the Trademark Registration Act and not renewed in accordance with the act;
(3) Any registration concerning which a court of competent jurisdiction finds that:
(a) The registered mark has been abandoned;
(b) The registrant is not the owner of the mark;
(c) The registration was granted improperly;
(d) The registration was obtained fraudulently;
(e) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(f) 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 filing of the application for registration by the registrant under the act, and not abandoned. 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 the act shall not be canceled for such area of the state; or
(4) A court of competent jurisdiction has ordered the cancellation of a registration on any ground.