Revocation of Guam Certificate; Nonuse

5 GCA § 20411 — under Department of Administration.

5 GCA § 20411

(a) If any print, label, trademark, service mark, or tradename is not used by the registrant in accordance with the declaration either in Guam or elsewhere in the United States for a period exceeding three hundred and sixty-five (365) consecutive days, and the print, label, service mark, trademark, or tradename has not been registered in the name of the registrant in the Patent and Trademark Office of the United States, the Guam certificate of registration may be immediately revoked by the Director. Any person desiring such revocation shall file a verified petition in the office of the Director. Any person desiring such revocation shall file a verified petition in the office of the Director in such form as the Director may provide, setting forth facts indicating such nonuse for a period exceeding three hundred and sixty-five (365) consecutive days immediately preceding the date of the filing of the petition, and alleging the nonregistration in the Patent and Trademark Office of the United States. The petitioner shall at the petitioner’s expense notify the registrant of the hearing in the manner prescribed by the Director, and the registrant shall be given the opportunity of a full hearing. (b) After granting an opportunity for hearing to the petitioner and the registrant, the Director shall grant or deny the petition for revocation, as the fact shall warrant. SOURCE: GC § 6410 added by P.L. 23-062:3 (Dec. 5, 1995). Renumbered by the Compiler. 2024 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. Reference to “Territory” in subsection (a) omitted pursuant 1 GCA § 420.