Model State Trademark Law: cancellation.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Pending Referral
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill makes minor changes to California’s Model State Trademark Law, specifically regarding the process for canceling trademarks from the register. It clarifies existing procedures for cancellation, including voluntary requests, non-renewal, court orders, and errors in registration. The changes aim to streamline the cancellation process while maintaining existing protections for trademark owners.
Key provisions
- Allows for voluntary cancellation requests by the trademark registrant.
- Specifies grounds for cancellation including abandonment, improper registration, and fraudulent activity.
- Addresses situations where a mark is deemed generic.
- Includes a provision for cancellation based on similarity to a mark registered with the USPTO.
- Outlines a process for cancellation due to failure to pay filing fees.
- Addresses errors in registration within six months of issuance.
- Clarifies that a concurrent USPTO registration can prevent cancellation in certain areas.
Who is affected
- Trademark owners
- The Secretary of State’s office
- Businesses seeking trademark registration
- Individuals seeking trademark registration
- The United States Patent and Trademark Office
Notable changes
- Clarifies grounds for cancellation based on similarity to a USPTO mark.
Bill text
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Sponsors
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1 on record
Primary sponsor
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