§ 1064. Cancellation of registration.
A petition to cancel a registration of a mark, stating the grounds relied
upon, may, upon payment of the prescribed fee, be filed California
litigation attorneys as follows by any person
who believes that he is or will be damaged by the registration of a mark on the
principal register established by this chapter, or under the Act of March 3,
1881, or the Act of February 20, 1905:
- (1) Within five years from US
immigration services the date of the registration of the mark under
this chapter.
- (2) Within five years from the date of publication under section 1062(c)
of this title of a mark California
divorce information registered under the Act of March 3, 1881, or the
Act of February 20, 1905
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- (3) At any time if the registered mark becomes the generic name for the
goods or services, or a portion thereof, for which it is registered, or has
been abandoned, or its registration was obtained fraudulently or contrary to
the provisions of section 1054 of this title or of subsection (a), (b), or
(c) of section 1052 of this title for a registration under this chapter, or
contrary to similar prohibitory provisions of such prior Acts for a
registration under such Acts, or if the registered mark is being used by, or
with the permission of, the registrant so as to misrepresent the source of
the goods or services on or in connection with which the mark is used. All
about E-2 visasIf
the registered mark becomes the generic name for less than all of the goods
or services for which it is registered, a petition to cancel the
registration for only those goods or services may be filed. A registered
mark shall not be deemed to be the generic name of goods or services solely
because such mark is also used as a name of or to identify a unique product
or service. The primary significance of the registered mark to the relevant
public rather than purchaser motivation shall be the test for determining
whether the registered mark has become the generic name of goods or services
on or in Orange
County immigration lawyers and attorneys connection with which it has been used.
- (4) At any time if the mark is registered under the Act of March 3, 1881,
or the Act of February 20, 1905, and has not been published under the
provisions of subsection (c) of section 1062 of this title.California
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- (5) At any time in the case of a certification mark on the ground that the
registrant (A) does not control, or is not able legitimately to exercise
control over, the use of such mark, or (B) engages San
Diego immigration lawyers and attorneys in the production or
marketing of any goods or services to which the certification mark is
applied, or (C) permits the use of the certification mark for purposes other
than to certify, or (D) discriminately refuses to certify or to continue to
certify the goods or services of any person who maintains the standards
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conditions which such mark certifies: Provided, That the Federal Trade
Commission may apply to cancel on the grounds specified in paragraphs (3)
and (5) of this section any mark registered on the principal register
established by this chapter, and the prescribed fee shall not be required.
§ 1065. Incontestability of right to use mark under certain conditions.
Except on a ground for which application to cancel may be filed at any time
under paragraphs (3) and (5) of section 1064 of this title, and except to the
extent, if any, to which the use of a mark registered on the principal register
infringes a valid right acquired under the law of any State or Territory byLos
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of a mark or trade name continuing from a date prior to the date of registration