(a) The secretary shall cancel from the register in whole or in part: (i) Repealed By Laws 1997, ch. 112, § 3. (ii) Any registration concerning which the secretary shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record and shall receive payment of a fee set in accordance with W.S. 40-1-116, but not to exceed thirty dollars ($30.00); (iii) All registrations granted under this act and not renewed in accordance with the provisions hereof; (iv) 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 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, however, that should the registrant prove that the registrant is the owner of a concurrent registration of his mark in the United States patent and trademark office covering an area including this state, the registration hereunder shall not be cancelled; (F) 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. (v) When a court of competent jurisdiction shall order cancellation of a registration on any ground; (vi) Any registration if the secretary finds that cancellation is in the public interest and that the applicant or registrant has provided fraudulent information or has failed to correct false information upon request of the secretary on any filing under this act, subject to the following: (A) If the secretary determines that grounds for cancellation under this paragraph exist, the secretary shall send the registrant written notice and an explanation of the secretary's determination by certified mail; (B) The registrant may file a response within sixty (60) days after the written notice and explanation under subparagraph (A) of this paragraph is sent to the registrant; (C) If the registrant's response does not demonstrate to the reasonable satisfaction of the secretary that each ground determined by the secretary for cancellation does not exist or the registrant does not respond, the secretary shall cancel the registration and send written notice of the cancellation to the registrant by certified mail; (D) The registrant may appeal the cancellation to the chancery court or a district court of competent jurisdiction within thirty (30) days after the written notice of cancellation under subparagraph (C) of this paragraph is sent to the registrant. The registrant appeals by petitioning the chancery court or district court to set aside the cancellation and attaching to the petition copies of all documents sent to the registrant and filed with the secretary pursuant to subparagraphs (A) through (C) of this paragraph. The chancery court or district court may summarily order the secretary to reinstate the cancelled registration or may take other action the chancery court or district court considers appropriate. The district court's or chancery court's final decision may be appealed as in other civil or chancery proceedings.
‹ Prev All Wyoming sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.