SF0053 • 2025

Trademarks and trade names-administrative cancellation.

AN ACT relating to trade and commerce; authorizing the secretary of state to administratively cancel trademarks, service marks and trade names as specified; providing the right to appeal administrative cancellations; and providing for an effective date.

Elections

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Corporations
Last action: 2025-03-19
Official status: enrolled
Effective date: 7/1/2025

Plain English Breakdown

The summary does not provide specific criteria for determining 'public interest'.

Trademark and Trade Name Cancellation

This law allows the Secretary of State to cancel trademarks, service marks, and trade names if they find it is in the public interest and there has been fraud or failure to correct false information.

What This Bill Does

Gives the Secretary of State the power to cancel certain business identifiers like trademarks and service marks if they are found to be fraudulent or misleading.
Requires the Secretary of State to notify businesses about any decision to cancel their trademark, service mark, or trade name in writing.
Allows businesses 60 days to respond to a cancellation notice with reasons why it should not happen.
Permits businesses to appeal a cancellation decision through the chancery court or district court if they disagree with it.

Who It Names or Affects

Businesses that have registered trademarks, service marks, or trade names in Wyoming.
The Secretary of State and other government officials involved in the registration process.

Terms To Know

Trademark: A word, symbol, or design used to identify a company's products or services and distinguish them from others.
Service Mark: Similar to a trademark but specifically for services rather than goods.

Limits and Unknowns

The law does not specify what happens if the Secretary of State fails to follow proper procedures.
It is unclear how often this power will be used or what criteria exactly define 'public interest'.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0053S2001

2nd reading • Senator Nethercott

Adopted

Plain English: The amendment adds the option for a chancery court to handle certain trademark and trade name cancellation processes that were previously only handled by district courts.

Adds 'the chancery court or' after references to petitioning, initiating actions, and referring to courts in sections dealing with administrative cancellations of trademarks, service marks, and trade names.

The amendment text does not specify the exact circumstances under which a chancery court would be preferred over a district court for these processes.

Bill History

2025-03-19 LSO
Assigned Chapter Number 167
2025-03-19 Governor
Governor Signed SEA No. 0078
2025-03-04 House
H Speaker Signed SEA No. 0078
2025-03-04 Senate
S President Signed SEA No. 0078
2025-03-04 LSO
Assigned Number SEA No. 0078
2025-03-04 House
H 3rd Reading:Passed 56-4-2-0-0
2025-03-03 House
H 2nd Reading:Passed
2025-02-28 House
H COW:Passed
2025-02-26 House
H Placed on General File
2025-02-26 House
H09 - Minerals:Recommend Do Pass 8-0-1-0-0
2025-02-19 House
H Introduced and Referred to H09 - Minerals
2025-01-23 House
H Received for Introduction
2025-01-22 Senate
S 3rd Reading:Passed 16-14-1-0-0
2025-01-21 Senate
S 2nd Reading:Passed
2025-01-20 Senate
S COW:Passed
2025-01-20 Senate
S Placed on General File
2025-01-20 Senate
S07 - Corporations:Recommend Do Pass 5-0-0-0-0
2025-01-14 Senate
S Introduced and Referred to S07 - Corporations
2025-01-02 Senate
S Received for Introduction
2024-12-20 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 25LSO-0016

Bill No.:

SF0053

Effective:

7/1/2025

LSO No.:

25LSO-0016

Enrolled Act No.:

SEA No. 0078

Chapter No.:

167

Prime Sponsor:

Joint Corporations, Elections & Political Subdivisions Interim Committee

Catch Title:

Trademarks and trade names-administrative cancellation.

Has Report:

Subject:

Authorizes the Secretary of State to cancel trademarks, service marks and trade names.

Summary/Major Elements:

This bill authorizes the Secretary of State to administratively cancel trademarks, service marks and trade names if the Secretary finds that cancellation is in the public interest and that the applicant or registrant has provided fraudulent information or has failed to correct false information.

The bill requires the Secretary of State to send the registrant written notice and an explanation of the Secretary’s determination to cancel a trademark, service mark or trade name.

The registrant has sixty (60) days to respond.

The Secretary must again send notice of the cancellation to the registrant if the registrant does not respond or does not respond with a satisfactory reason to continue the trademark, service mark or trade name.

The registrant may appeal the cancellation through the Chancery Court or a district court of competent jurisdiction.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

25LSO-0016

ORIGINAL Senate

File No
.
SF0053

ENROLLED ACT NO. 78,

SENATE

SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 General Session

AN ACT relating to trade and commerce; authorizing the secretary of state to administratively cancel trademarks, service marks and trade names as specified; providing the right to appeal administrative cancellations; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 40
‑
1
‑
108(a) by creating a new paragraph (vi) and 40
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2
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107(a) by creating a new paragraph (iv) are amended to read:

40
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1
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108.

Cancellation of registration.

(a)

The secretary shall cancel from the register in whole or in part:

(vi)

Any registration if the secretary finds that cancellation is in the public interest and that the applicant or registrant has provided fraudulent information or has failed to correct false information upon request of the secretary on any filing under this act, subject to the following:

(A)

If the secretary determines that grounds for cancellation under this paragraph exist, the secretary shall send the registrant written notice and an explanation of the secretary's determination by certified mail;

(B)

The registrant may file a response within sixty (60) days after the written notice and explanation under subparagraph (A) of this paragraph is sent to the registrant;

(C)

If the registrant's response does not demonstrate to the reasonable satisfaction of the secretary that each ground determined by the secretary for cancellation does not exist or the registrant does not respond, the secretary shall cancel the registration and send written notice of the cancellation to the registrant by certified mail;

(D)

The registrant may appeal the cancellation to the chancery court or a district court of competent jurisdiction within thirty (30) days after the written notice of cancellation under subparagraph (C) of this paragraph is sent to the registrant. The registrant appeals by petitioning the chancery court or district court to set aside the cancellation and attaching to the petition copies of all documents sent to the registrant and filed with the secretary pursuant to subparagraphs (A) through (C) of this paragraph. The chancery court or district court may summarily order the secretary to reinstate the cancelled registration or may take other action the chancery court or district court considers appropriate. The district court's or chancery court's final decision may be appealed as in other civil or chancery proceedings.

40
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2
‑
107.

Cancellation.

(a)

The secretary of state shall cancel from the registration record:

(iv)

Any registration if the secretary finds that cancellation is in the public interest and that the applicant or registrant has provided fraudulent information or has failed to correct false information upon request of the secretary on any filing under this act, subject to the following:

(A)

If the secretary determines that grounds for cancellation under this paragraph exist, the secretary shall send the registrant written notice and an explanation of the secretary's determination by certified mail;

(B)

The registrant may file a response within sixty (60) days after the written notice and explanation under subparagraph (A) of this paragraph is sent to the registrant;

(C)

If the registrant's response does not demonstrate to the reasonable satisfaction of the secretary that each ground determined by the secretary for cancellation does not exist or the registrant does not respond, the secretary shall cancel the registration and send written notice of the cancellation to the registrant by certified mail;

(D)

The registrant may appeal the cancellation to the chancery court or a district court of competent jurisdiction within thirty (30) days after the written notice of cancellation under subparagraph (C) of this paragraph is sent to the registrant. The registrant appeals by petitioning the chancery court or district court to set aside the cancellation and attaching to the petition copies of all documents sent to the registrant and filed with the secretary pursuant to subparagraphs (A) through (C) of this paragraph. The chancery court or district court may summarily order the secretary to reinstate the cancelled registration or may take other action the chancery court or district court considers appropriate. The district court's or chancery court's final decision may be appealed as in other civil or chancery proceedings.

Section 2
.

This act is effective July 1, 2025
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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