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NRS 600.390

Cancellation of registrations

Applied in 1 court decision — leading case 180 F. Supp. 3d 724 - Russell Road Food & Beverage, LLC v. Galam (2016)

Most recently applied in 180 F. Supp. 3d 724 - Russell Road Food & Beverage, LLC v. Galam (April 2016)

(Added to NRS by 1979, 597)

The Secretary of State shall cancel from the register:

1. After July 1, 1980, any filing or registration of a mark which has expired and is not renewed in accordance with the provisions of NRS 600.360.

2. Any registration which the registrant or the assignee of record voluntarily requests be cancelled.

3. Any registration concerning which a court of competent jurisdiction finds that:

(a) The registered mark has been abandoned.

(b) The registrant is not the owner of the mark.

(c) The registration was granted improperly.

(d) The registration was obtained fraudulently.

(e) The registered mark is likely to cause confusion or mistake or to deceive because of its similarity to a mark registered by another person in the United States Patent and Trademark Office, before the date of the filing of the application for registration by the registrant under NRS 600.240 to 600.450, inclusive, and not abandoned. But if the registrant proves that he or she is the owner of a concurrent registration of his or her mark in the United States Patent and Trademark Office covering an area including this State, the registration with the Secretary of State must not be cancelled.

4. Any registration when a court of competent jurisdiction orders cancellation of the registration on any ground.

Official source: Nevada Legislature. Reproduced from public-domain Nevada statutes; confirm against the official source for the current text. Not legal advice.