(a) The Secretary of State shall cancel a registration of a mark if: (1) the registrant asks that it be canceled; (2) the registrant fails to renew it; (3) a court of competent jurisdiction orders that it be canceled on any ground; or (4) a court of competent jurisdiction finds that: (i) the mark is abandoned; (ii) the registrant does not own the mark; (iii) the registration was granted improperly; or (iv) the registration was obtained fraudulently. (b) (1) Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that: (i) was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and (ii) is not abandoned. (2) The Secretary of State may not cancel the registration of a mark if the registrant proves that: (i) the registrant holds a concurrent registration of the mark in the United States Patent Office; and (ii) the registration in the United States Patent Office covers an area that includes the State.
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