87-136. Cancellation from register.
The secretary shall cancel from the register, in whole or in part:
(1) Any registration concerning which the secretary receives a voluntary request for cancellation thereof from the registrant or the assignee of record;
(2) All registrations granted under the Trademark Registration Act and not renewed in accordance with the act;
(3) Any registration concerning which a court of competent jurisdiction finds that:
(a) The registered mark has been abandoned;
(b) The registrant is not the owner of the mark;
(c) The registration was granted improperly;
(d) The registration was obtained fraudulently;
(e) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered; or
(f) The registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office prior to the date of filing of the application for registration by the registrant under the act, and not abandoned. If the registrant proves that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration under the act shall not be canceled for such area of the state; or
(4) A court of competent jurisdiction has ordered the cancellation of a registration on any ground.
Source
Structure Nebraska Revised Statutes
87-129 - Mark; not registered; when.
87-130 - Application for registration; contents.
87-132 - Certificate of registration; contents; how treated.
87-133 - Registration; term; renewal; renewal fee; prior registration and proceedings.
87-134 - Registration; assignment; change of name; other recordings; fees.
87-136 - Cancellation from register.
87-137 - Classification of goods and services; rules and regulations.
87-138 - Fraudulent representation; liability.
87-139 - Unauthorized use; liability.
87-140 - Famous mark; factors; remedies.
87-141 - Injunction; damages; attorney's fees.
87-142 - Cancellation or registration of mark; action; procedure.
87-143 - Common law; construction of act.
87-144 - Fees; not refundable.
87-209 - Trade name; not registered; when.
87-210 - Trade name; application for registration; requirements; Secretary of State.
87-211 - Trade name; registration; term effective; renewal; fee; statement.
87-212 - Trade name; assignment; recordation; fee.
87-213 - Secretary of State; record; public examination.
87-214 - Registration; Secretary of State; cancel; when.
87-215 - False representation or declaration; damages.
87-216 - Action for misuse; when.
87-217 - Injury to business; injunction; remedies; attorney's fees.
87-218 - Trade name; enforcement of rights.
87-219 - Trade name; publication; file; failure; effect.
87-219.01 - Trade name; protest registration; procedure.
87-302 - Deceptive trade practices; enumerated.
87-303 - Deceptive trade practices; damages; injunction; costs; additional remedy.
87-303.01 - Unconscionable act or practice; violation; determination.
87-303.02 - Deceptive trade practice or unconscionable act; Attorney General; powers.
87-303.03 - Attorney General; additional powers.
87-303.04 - Attorney General; order; failure or refusal to obey; court; powers.
87-303.06 - Claims not barred.
87-303.07 - Sale or lease agreement; unenforceable; when.
87-303.08 - Violations; penalty.
87-303.09 - Injunction, declaratory judgment, written assurance; violation; penalty.
87-303.10 - Civil action; statute of limitations.
87-303.11 - Violations; civil penalty; recovery; procedure.
87-304 - Applicability of act.
87-403 - Franchise; sections, applicable; when.
87-406 - Prohibited practices; enumerated.
87-407 - Sections; applicability.
87-408 - Action by franchisee; defense.
87-409 - Franchisee; action to recover damages; injunction; costs.
87-411 - Motor fuel franchises; death of franchisee; effect.
87-412 - Designation of successor in interest; rights; notice of election to operate franchise.
87-413 - Successor in interest; trial lease and franchise agreement; procedure.
87-414 - Applicability of sections.
87-503 - Misappropriation; injunction; royalty; affirmative acts.
87-504 - Misappropriation; damages.
87-505 - Court proceedings; preserve secrecy.
87-506 - Statute of limitation.
87-507 - Applicability of act.
87-603 - Contract for invention development services; requirements; option to terminate.
87-605 - Contract for invention development services; written report; contents.
87-606 - Contract for invention development services; contents.
87-608 - Attorney General; enforcement duties; civil penalty.
87-609 - Invention developer; bond; filings required; fees.
87-610 - Remedies; not exclusive.
87-702 - Legislative findings.
87-706 - Repair parts; returns; duties of supplier.
87-707 - Termination of dealer agreement; supplier and dealer; rights and duties; liability.
87-708 - Death or incapacity of dealer; heirs or personal representative; rights and remedies.
87-709 - Dealer agreement; void and unenforceable; when; violations; remedies.
87-710 - Obligations; applicability to successors.
87-803 - Breach of security; investigation; notice to resident; notice to Attorney General.
87-804 - Compliance with notice requirements; manner.
87-805 - Waiver; void and unenforceable.