Del. Code Ann. tit. 6, § 3309

Cancellation

60 Del. Laws, c. 612, § 1; 70 Del. Laws, c. 186, § 1;

The Secretary of State shall cancel from the register:

  1. (1) After 1 year from the effective date of this chapter, all registrations under prior acts which are more than 10 years old, and not renewed in accordance with this chapter;
  2. (2) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;
  3. (3) All registrations granted under this chapter and not renewed in accordance with this chapter;
  4. (4) Any registration concerning which a court of competent jurisdiction shall find:

    1. a. That the registered mark has been abandoned;
    2. b. That the registrant is not the owner of the mark;
    3. c. That the registration was granted improperly;
    4. d. That the registration was obtained fraudulently; or
    5. e. That the registered mark is so similar, as to be likely to cause confusion or to deceive, to a mark registered by another person 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 ownership 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; or
  5. (5) When a court of competent jurisdiction shall order cancellation of a registration on any ground.

60 Del. Laws, c. 612, § 1; 70 Del. Laws, c. 186, § 1

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