Section 10-1-448. Cancellation of registrations

   (a) The Secretary of State shall cancel from the register:

   (1) Any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record;

   (2) All registrations granted under this part and not renewed in accordance with the provisions of this part;

   (3) Any registration concerning which a court of competent jurisdiction shall find that:

      (A) The registered trademark or service mark has been abandoned;

      (B) The registrant is not the owner of the trademark or service mark;

      (C) The registration was granted improperly;

      (D) The registration was obtained fraudulently; or

      (E) The registered trademark or service mark is so similar to a trademark or service 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 under this part, and not abandoned, as to be likely to cause confusion or mistake or to deceive; provided, however, that, should the registrant prove he is the owner of a concurrent registration of his trademark or service mark in the United States Patent Office covering an area including this state, the registration under this part shall not be canceled; or

   (4) Any registration which a court of competent jurisdiction shall order canceled.

(b) A fee of $15.00, payable to the Secretary of State, shall accompany any voluntary request for cancellation.

Ga. L. 1952, p. 134, § 13; Ga. L. 1963, p. 463, § 8; Ga. L. 1983, p. 1470, § 4.