§47-2-15. Forum for actions regarding registration; service on
(a) Actions to require cancellation of a mark registered
pursuant to this article or in mandamus to compel registration of
a mark pursuant to this article shall be brought in the circuit
court of Kanawha County. In an action in mandamus, the proceeding
shall be based solely upon the record before the secretary. In an
action for cancellation, the secretary shall not be made a party to
the proceeding but shall be notified of the filing of the complaint
by the clerk of the court in which it is filed and shall be given
the right to intervene in the action.
(b) In any action brought against a nonresident registrant,
service may be effected by service upon the registrant in
accordance with the provisions of this code and the rules of civil
procedure which prescribe the manner in which service upon
nonresidents may be obtained.