The secretary shall cancel from the register, in whole or in part:

(1) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

Terms Used In Tennessee Code 47-25-509

  • 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, entitled to registration under this part whether registered or not. See Tennessee Code 47-25-501
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • Secretary: means the secretary of state or the designee of the secretary charged with the administration of this part. See Tennessee Code 47-25-501
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trademark: means any word, name, symbol, or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if that source is unknown. See Tennessee Code 47-25-501
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) All registrations granted under this part and not renewed in accordance with this part;
(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 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 hereunder, and which has not been abandoned, as to be likely to cause confusion, mistake or deception; provided, that should the registrant prove 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 hereunder shall not be cancelled for such area of the state; or
(4) When a court of competent jurisdiction shall order cancellation of a registration on any ground.
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