West Virginia Code 47-2-9 – Cancellation
The secretary shall cancel from the register, in whole or in part:
Terms Used In West Virginia Code 47-2-9
- 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 article whether registered or not. See West Virginia Code 47-2-1
- secretary: means the Secretary of State or the designee of the secretary charged with the administration of this article. See West Virginia Code 47-2-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- 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 and sold by others, and to indicate the source of the goods, even if that source is unknown. See West Virginia Code 47-2-1
(1) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2) All registrations granted under this article and not renewed in accordance with the provisions hereof;
(3) Any registration concerning which a court of competent jurisdiction shall find:
(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 is or has become the generic name for the goods or services, or a portion thereof, for which it 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 hereunder, and not abandoned: 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 orders cancellation of a registration on any ground.