WILLIAM DONALD SCHAEFER, Governor                      Ch. 11

[(e) That the] (V) 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 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 he is the owner of a concurrent registration of his mark in
the United States Patent Office covering an area including this
State, the registration hereunder shall not be cancelled; OR

(5) When a court of competent jurisdiction shall order
cancellation of a registration on any ground.

DRAFTER'S NOTE: This corrects outdated cross-references and
punctuation errors, corrects the omission of
conjunctions, and corrects stylistic errors in Article
41, § 3-108.

Former subheading "Trademarks and Service Marks"
became Title 3, Subtitle 1 of this Article when the
sections of Article 41 were renumbered pursuant to Ch.
5 of the Acts of 1986. The punctuation and stylistic
errors occurred in and the disjunctive conjunction,
"or", was omitted from Ch. 63 of the Acts of 1954.

The outdated cross-references and the stylistic errors
were noted by the Michie Company. The omission of the
conjunction was noted by the professional staff of the
Legislative Division of the Department of Legislative
Reference.

3-112.

(a) Any owner of a mark registered under this [subheading]
SUBTITLE may proceed by suit to enjoin the manufacture, use,
display or sale of any counterfeits or imitations thereof and any
court of competent jurisdiction may grant injunctions to restrain
such manufacture, use, display or sale as may be by the said
court deemed just and reasonable, and may require the defendants
to pay to such owner all profits derived from and/or all damages
suffered by reason of such wrongful manufacture, use, display or
sale; and such court may also order that any such counterfeits or
imitations in the possession or under the control of any
defendant in such case, be delivered to an officer of the court,
or to the complainant, to be destroyed.

DRAFTER'S NOTE: This corrects an outdated cross-reference
in Article 41, § 3-112(a).

Former subheading "Trademarks and Service Marks"
became Title 3, Subtitle 1 of this article when the
sections of Article 41 were renumbered pursuant to Ch.
5 of the Acts of 1986.

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