Section 15. (a) Actions to require cancellation of a mark registered pursuant to this chapter or in mandamus to compel registration of a mark pursuant to this chapter shall be brought in the superior court. In an action in mandamus, the proceeding shall be based solely upon the record before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall have the right to intervene in the action.
(b) In any 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 under section 15 of chapter 181, regardless of whether the nonresident is a natural person or other juristic person.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 110h - Registration and Protection of Trademarks
Section 2 - Restrictions on Registration
Section 3 - Application for Registration
Section 5 - Certificate of Registration; Issuance; Admissibility in Evidence
Section 6 - Effective Term; Renewal
Section 7 - Assignment of Marks and Registration; Recording
Section 9 - Cancellation of Registration
Section 10 - Classification of Goods and Services; Rules and Regulations
Section 11 - Fraudulent Procurement of Registration; Damages
Section 12 - Use or Counterfeit of Marks Without Consent of Registrant
Section 13 - Injunctive Relief
Section 14 - Actions for Counterfeit or Imitation Marks; Injunctions; Damages
Section 15 - Actions to Require Cancellation or to Compel Registration
Section 16 - Common Law Rights
Section 17 - Fees for Applications, Recording and Related Services