[§482-28] Cancellation. (a) The director shall cancel the registration of a mark if the director receives a request for cancellation from the registrant or assignee of record, a registration is not timely renewed in accordance with the provisions of this part, or a court of competent jurisdiction finds that:

(1) The registered mark has been abandoned;

(2) The registrant is not the owner of the mark;

(3) The registration was granted improperly;

(4) The registration was obtained fraudulently;

(5) 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

(6) 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 filing the application for registration under this part; provided that if a registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States patent and trademark office which covers an area including this State, the registration shall not be canceled for such an area.

(b) The director shall cancel a registration when a court of competent jurisdiction orders cancellation of a registration. [L 2001, c 15, pt of §1]