27.0304 Revocation.

Cite as [A.S.C.A. § 27.0304]

(a) If any print, label, trademark, or trade name is not used by the applicant in accordance with the declaration for any period of three hundred and sixty-five consecutive days, the certificate of registration shall be subject to revocation.

(b) Any person desiring such revocation shall file a petition in the Office of the Territorial Registrar, setting forth facts indicating such non-use for a period of three hundred and sixty-five consecutive days immediately preceding the date of the filing of his petition. The petition shall be verified upon the information and belief, or if the petition is made by a firm or corporation, by a member of the firm or an officer of the corporation. The petitioner shall cause actual notice of the proceeding to be given the registered owner by such method or manner as the Registrar may prescribe, and the registered owner shall be given the opportunity of a full hearing. If the registered owner, after due diligence, cannot be found, the Registrar may order that the petitioner give notice by publication in some newspaper suitable for the advertisement of notices of judicial proceedings for such length of time as he deems reasonable, not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the date set for the hearing. The giving of notice shall be deemed complete upon the last publication. The notice as published shall also contain the date which has been set for the hearing.

(c) After granting an opportunity for hearing to the petitioner and the registered owner, the Registrar shall grant or deny the petition for cancellation, as the facts shall warrant.

History: 1987, PL 20-8 § 1.