1997 Minnesota Statutes

     333.25 Cancellation of marks.  

    Subdivision 1.  The secretary of state shall cancel from 
 the register: 

    (1) after two years from the effective date of Laws 1959, 
 chapter 600, all registrations under prior acts which are not 
 renewed in accordance with sections 333.18 to 333.31; 

    (2) any registration concerning which the secretary of 
 state shall receive a voluntary request for cancellation thereof 
 from the registrant; 

    (3) all registrations granted under sections 333.18 to 
 333.31 and not renewed in accordance with the provisions 
 thereof; 

    (4) in compliance with an order of a district court, any 
 registration concerning which the court 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 previously in this state or in the 
 United States Patent 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 prior user of the mark or the 
 owner of a concurrent registration of the mark in the United 
 States Patent Office covering an area including this state, the 
 registration hereunder shall not be canceled.  

    (5) When a district court shall order cancellation of a 
 registration on any ground.  

    Subd. 2.  No registration shall be canceled after the mark 
 has had substantially exclusive and continuous use by the 
 registrant for five years following the registration of said 
 mark except for the reasons set forth in subdivision 1, 
 subsections (1), (2) and (3) and subsections (4)a, b and d 
 thereof, or unless a mark has been registered in this state 
 prior to use of registrant's mark or a mark has been registered 
 in the United States Patent Office with the publication date 
 thereof prior to the date of use of registrant's mark, which 
 marks when used on or in connection with the goods or services 
 of the respective registrants would be likely to cause 
 confusion, mistake or deception, or unless the mark is the 
 common descriptive name of any article, substance or service.  

    HIST: 1959 c 600 s 8; 1986 c 444