Sec. 14.5. (a) An action for cancellation of a mark registered under this chapter or an action to compel registration of a mark under this chapter must be brought in a court with jurisdiction in Indiana.
(b) In an action for cancellation of a mark, the secretary:
(1) may not be made a party to an action;
(2) must be notified of the filing of a complaint in an action by the clerk of the court in which the complaint is filed; and
(3) is entitled to intervene in an action for cancellation of a mark.
(c) In an action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities.
As added by P.L.135-2006, SEC.18.
Structure Indiana Code
Article 2. Trademarks, Trade Names, and Trade Secrets
24-2-1-0.1. Application of Certain Amendments to Chapter
24-2-1-0.5. Intent; Judicial or Administrative Interpretation
24-2-1-4. Electronic Application
24-2-1-5. Certificate of Registration
24-2-1-6. Duration and Renewal
24-2-1-7. Renewal of Registration in Force on July 1, 2006
24-2-1-8.5. Certificate of Change of Name
24-2-1-10. Registration Cancellation
24-2-1-11. Rules; Classification of Goods and Services; Electronic Application
24-2-1-12. Damages for Fraudulent Registration
24-2-1-13.5. Fanciful Marks; Famous Marks; Injunctive Relief; Remedies; Attorney's Fees
24-2-1-14.5. Cancellation; Action to Compel Registration; Jurisdiction