§482-6 Revocation of certificate; nonuse. If any print, label, trademark, service mark or trade name is not used by the registrant in accordance with the declaration either in the State or elsewhere in the United States for a period of three hundred and sixty-five consecutive days, and the print, label, service mark, trademark, or trade name has not been registered in the name of the registrant in the patent and trademark office of the United States, the certificate of registration shall be subject to revocation.

Any person desiring such revocation shall file a verified petition in the office of the director of commerce and consumer affairs, setting forth facts indicating such nonuse for a period of three hundred and sixty-five consecutive days immediately preceding the date of the filing of the petition, and alleging the nonregistration in the patent and trademark office of the United States. The petitioner shall at the petitioner's expense notify the registrant of the hearing in the manner prescribed by the director and section 91-9.5, and the registrant shall be given the opportunity of a full hearing in accordance with chapter 91.

After granting an opportunity for hearing to the petitioner and the registrant, the director shall grant or deny the petition for revocation, as the facts shall warrant. [L Sp 1933, c 29, pt of §2; RL 1935, §7455; RL 1945, §9290; am L 1947, c 163, pt of §1; RL 1955, §204-6; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-6; am L 1980, c 26, §7; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985]