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SF 53

Trademarks and trade names-administrative cancellation.

2025 Regular Session

Wyoming authorizes the Secretary of State to administratively cancel a trademark, service mark, or trade name if fraud or false information is found, with notice, a response window

Assigned Chapter Number 167
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Bill Summary · SF 53

Summary — SF 53 (Enrolled Act No. 78, Chapter 167, 2025)

Title: Trademarks and trade names — administrative cancellation
Sponsor: Joint Corporations, Elections & Political Subdivisions Interim Committee (Primary listed: DICKEY)
Companion: HF 234 (companion)
Status: Enacted (Governor signed; Assigned Chapter No. 167). Effective date: July 1, 2025.

Purpose / Intent

SF 53 authorizes the Wyoming Secretary of State to administratively cancel a trademark, service mark or trade name registration when the registrant has provided fraudulent information or fails to correct false information on filings and when cancellation is found to be in the public interest. The law also creates a short administrative process for notice, response, cancellation and judicial appeal.

Key provisions

  • New cancellation authority: Adds a ground for cancellation to W.S. 40-1-108(a) and 40-2-107(a): the Secretary may cancel any registration if the Secretary finds (1) cancellation is in the public interest and (2) the applicant/registrant provided fraudulent information or failed to correct false information upon request.
  • Notice and response:
    • Secretary must send written notice and an explanation by certified mail to the registrant if grounds are found.
    • Registrant has 60 days after the notice is sent to file a written response.
  • Administrative cancellation:
    • If the registrant does not respond or the response does not reasonably refute each ground, the Secretary shall cancel the registration and send written notice of cancellation by certified mail.
  • Right to judicial review:
    • Registrant may appeal the Secretary’s cancellation to a chancery court or a district court of competent jurisdiction by petition within 30 days after the cancellation notice is sent.
    • The petition must attach copies of the documents sent to the registrant and filed with the Secretary in the administrative process.
    • The chancery or district court may summarily order reinstatement of the canceled registration or take other appropriate action.
    • The court’s final decision may be appealed in the same manner as other civil or chancery proceedings.
  • Effective date: Act takes effect July 1, 2025.

Who is affected

  • Trademark/service mark/tradename registrants on the Secretary of State’s register in Wyoming (businesses, individuals, or other entities holding state registrations).
  • Wyoming Secretary of State: gains explicit administrative authority and must follow new notice and recordkeeping procedures.
  • Wyoming courts (chancery and district courts): may see appeals from administrative cancellations.
  • Third parties relying on the public register (competitors, consumers) may be affected by administrative removals of registrations.

Fiscal and procedural considerations

  • Fiscal note: Judicial impact is indeterminable — the fiscal effect on the judicial system cannot be estimated because the number of potential appeals is unknown (sources: Wyoming Supreme Court, Secretary of State).
  • Legislative action: Passed Senate and House (Senate final vote 16–14–1; House 56–4–2), enrolled and signed by the Governor; assigned Chapter No. 167.
  • Appeal timeline: 60 days to respond to Secretary’s notice; 30 days to petition a court after cancellation notice.

Implementation notes

  • The law requires that the Secretary give registrants an opportunity to respond before cancellation and provides a short judicial-review window, balancing administrative efficiency with due process.
  • The statutory standard (“in the public interest” plus fraud/failure to correct false information) is fact-dependent and will likely be clarified through administrative practice and judicial decisions after enactment.

Note: Some draft materials associated with early document versions referenced unrelated litigation-financing language; the enrolled and enacted text of SF 53 concerns administrative cancellation of trademark/service-mark/trade-name registrations as summarized above.

Compiled from official sources — confirm details with the bill’s official record.

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