N.Y. General Business Law § 360-n: Forum for actions regarding registration; service on out of state registrants

§ 360-n. Forum for actions regarding registration; service on out of

state registrants. (a) Actions to require cancellation of a mark

registered pursuant to this article or in mandamus to compel

registration of a mark pursuant to this article shall be brought in the

supreme 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 be given the right to intervene in

the action.

(b) In any action brought against a non-resident registrant, service

may be effected upon the secretary as agent for service of the

registrant in accordance with the procedures established for service

upon non-resident corporations and business entities.