| (a) The Secretary of State is not a necessary party
to any action or proceeding for the cancellation of a trademark registered
by the Secretary of State. The Secretary of State will cancel a trademark
registration upon receipt of a certified copy of a final judgment
brought by a district or appellate court or other court of competent
jurisdiction canceling the trademark or finding that:
(1) the registered mark has been abandoned;
(2) the registrant is not the owner of the mark;
(3) the registration was granted improperly;
(4) the registration was obtained fraudulently;
(5) the registered mark is or has become the generic
name for the goods and/or services, or part of the goods and/or services,
in connection with which the mark was registered; or
(6) the registered mark is so similar, as to be likely
to cause confusion or mistake or to deceive, to a mark that:
(A) is registered by another person in the United States
Patent and Trademark Office before the date the application for registration
was filed under Chapter 16 of the Business & Commerce Code; and
(B) is not abandoned.
(b) There is no fee for the filing of a judicial cancellation
of a trademark registration.
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