§482-6 Revocation of certificate; nonuse. (a) If any trade name is not used by the registrant in accordance with the declaration in this State for a period of three hundred sixty-five consecutive days, the certificate of registration shall be subject to revocation.
(b) Any person desiring such revocation shall file a verified petition in the office of the director, setting forth facts indicating such nonuse for a period of three hundred sixty-five consecutive days immediately preceding the date of the filing of the petition. The petitioner, at the petitioner's expense, shall notify the registrant of the hearing in the manner prescribed by the director and section 91-9.5, and the registrant shall be given the opportunity of a full hearing in accordance with chapter 91.
(c) After granting an opportunity for hearing to the petitioner and the registrant, the director shall grant or deny the petition for revocation, as the facts shall warrant. [L Sp 1933, c 29, pt of §2; RL 1935, §7455; RL 1945, §9290; am L 1947, c 163, pt of §1; RL 1955, §204-6; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-6; am L 1980, c 26, §7; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 2001, c 15, §8; am L 2003, c 124, §87]
Case Notes
Nonuse of trade name. 399 F. Supp. 604.
Trademark lost by abandonment. 10 H. 162.
Structure Hawaii Revised Statutes
Title 26. Trade Regulation and Practice
482. Trademarks, Service Marks, and Trade Names, Registration and Protection of
482-2 OLD REPEALED. §482-2 Certificate.
482-3 Record, issuance and effect of certificate.
482-4 Certain trade names not to be adopted or used.
482-6 Revocation of certificate; nonuse.
482-7 Application of law; reissue on nonuser.
482-8 Revocation of trade name registration.
482-8.5 Administrative order of abatement against a registered or authorized entity.
482-22 Application for registration.
482-23 Filing of applications; appeal.
482-24 Certificate of registration.
482-26 Assignment; change of name.
482-28.5 Revocation of a mark.
482-32 Injury to business reputation; dilution.
482-34 Forum for actions regarding registration; service on out of state registrants.
482-51 Penalties for signing false documents.