N.Y. General Business Law § 360-h: Cancellation

§ 360-h. Cancellation. The secretary shall cancel from the register,

in whole or in part:

(a) any registration concerning which the secretary shall receive a

voluntary request for cancellation thereof from the registrant or the

assignee of record;

(b) all registrations granted under this article and not renewed in

accordance with the provisions hereof;

(c) any registration concerning which a court of competent

jurisdiction shall find:

(1) that the registered mark has been abandoned,

(2) that the registrant is not the owner of the mark,

(3) that the registration was granted improperly,

(4) that the registration was obtained fraudulently,

(5) that the mark is or has become the generic name for the goods or

services, or a portion thereof, for which it has been registered,

(6) that 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 the filing of the application for registration by the registrant

hereunder, and not abandoned; provided, however, that, should the

registrant prove 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 hereunder shall

not be cancelled for such area of the state, or

(d) when a court of competent jurisdiction shall order cancellation of

a registration on any ground.