The bill amends existing laws regarding the cancellation of trademarks, service marks, and trade names by authorizing the Secretary of State to administratively cancel registrations under specific circumstances. New provisions allow for cancellation if the Secretary finds that it is in the public interest and that the applicant or registrant has provided fraudulent information or failed to correct false information upon request. The Secretary is required to send written notice and an explanation of the cancellation to the registrant by certified mail, and the registrant has the right to respond within sixty days. If the response does not satisfactorily address the grounds for cancellation, the Secretary will proceed with the cancellation and notify the registrant.

Additionally, the bill provides a right to appeal the cancellation to a chancery court or district court within thirty days of receiving the cancellation notice. The registrant can petition the court to set aside the cancellation, and the court has the authority to reinstate the registration or take other appropriate actions. The final decision of the court can be appealed as in other civil or chancery proceedings. The act is set to take effect on July 1, 2025.

Statutes affected:
Introduced: 40-1-108, 40-2-107
Engrossed: 40-1-108, 40-2-107