§ 1064.
A petition to cancel a registration of a mark, stating the grounds relied upon, may, upon payment of the prescribed fee, be filed as follows by any person who believes that he is or will be damaged, including as a result of a likelihood of dilution by blurring or dilution by tarnishment under
section 1125(c) of this title, by the registration of a mark on the principal register established by this chapter, or under the Act of
March 3, 1881, or the Act of
February 20, 1905:
(3)
At any time if the registered mark becomes the generic name for the goods or services, or a portion thereof, for which it is registered, or is functional, or has been abandoned, or its registration was obtained fraudulently or contrary to the provisions of
(5)
At any time in the case of a certification mark on the ground that the registrant (A) does not control, or is not able legitimately to exercise control over, the use of such mark, or (B) engages in the production or marketing of any goods or services to which the certification mark is applied, or (C) permits the use of the certification mark for purposes other than to certify, or (D) discriminately refuses to certify or to continue to certify the goods or services of any person who maintains the standards or conditions which such mark certifies.
([July 5, 1946, ch. 540], title I, § 14, [60 Stat. 433]; [Pub. L. 87–772, § 9], Oct. 9, 1962, [76 Stat. 771]; [Pub. L. 97–247, § 9(b)], Aug. 27, 1982, [96 Stat. 320]; [Pub. L. 98–620, title I, § 102], Nov. 8, 1984, [98 Stat. 3335]; [Pub. L. 100–667, title I, § 115], Nov. 16, 1988, [102 Stat. 3940]; [Pub. L. 105–330, title II, § 201(a)(4)], title III, § 301, Oct. 30, 1998, [112 Stat. 3070]; [Pub. L. 106–43, § 2(c)], Aug. 5, 1999, [113 Stat. 218]; [Pub. L. 109–312, § 3(c)], Oct. 6, 2006, [120 Stat. 1732]; [Pub. L. 116–260, div. Q, title II, § 225(b)], Dec. 27, 2020, [134 Stat. 2204].)