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Texas Business & Commerce Code - Chapter 16 TrademarksLegal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Chapter 16 Trademarks (a) In this chapter, unless the context requires a different definition, (1) "applicant" means the person applying for registration of a mark under this chapter ... (a) A mark is considered to be used in this state in connection with goods when (1) it is placed on (A) the goods; (B) ... (a) A mark in actual use in connection with the applicant's goods or services, which distinguishes his goods or services from those of others, is ... (a) The secretary of state shall adopt rules establishing a classification of goods and services for the convenient administration of this chapter. The classifications established ... (a) Subject to the limitations prescribed by this chapter, a person may file an application to register a mark in the office of the secretary ... (a) On the filing of an application for registration and payment of the application fee, the secretary of state shall examine the application for compliance ... (a) The applicant may make an amendment to the application as reasonably requested by the secretary of state or in response to a rejection or ... The secretary of state may require the applicant to disclaim or the applicant may voluntarily disclaim an unregistrable component of a mark that is otherwise ... (a) When concurrently processing applications for the same or confusingly similar marks used in connection with the same or similar goods or services, the secretary ... (a) If the secretary of state finds that the applicant is not entitled to register the mark, the secretary of state shall: (1) notify the ... If the application satisfies the requirements of this chapter, and the application fee has been paid, the secretary of state shall: (1) endorse on the ... (a) The registration of a mark under this chapter is effective for a term of 10 years from the date of registration. (b) Repealed by ... (a) During the period beginning 12 months and ending 6 months before the day a registration expires, the secretary of state shall, by writing to ... (a) The registration of a mark under this chapter may be renewed for an additional 10-year term by filing a renewal application within six months ... (a) The secretary of state shall keep for public examination a record of all: (1) marks registered, reregistered, or renewed under this chapter; (2) assignments ... (a) The secretary of state shall cancel (1) all registrations in force before May 2, 1962, which are more than 10 years old and which ... (a) A mark and its registration under this chapter are assignable with the goodwill of the business in which the mark is used, or with ... (a) An assignment made under Section 16.17 of this code may be recorded with the secretary of state by (1) filing with him (A) the ... (a) An instrument that is related to the ownership of a mark registered under this subchapter, including articles of merger or conversion or a document ... (a) If ownership of a registered mark is transferred or a registrant's name is changed during the unexpired term of a registration, a new certificate ... (a) The secretary of state may adopt rules relating to the filing of documents under this subchapter. (b) The secretary of state may prescribe forms ... (a) An application for renewal of trademark registration, an assignment under Section 16.17, or a transfer of ownership or change of registrant name under Section ... (a) If the secretary of state takes final action refusing to register a mark under Section 16.109 or to renew the registration of a mark ... (a) A person who believes that he is or will be damaged by a registration under this chapter may sue to cancel the registration in ... (a) Subject to Section 16.27 of this code, a person commits an infringement if, without the registrant's consent, he (1) uses anywhere in this state ... (a) No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter. However, during any period when the registration ... (a) No person may procure for himself or another the filing of an application or the registration of a mark under this chapter by knowingly ... A person may bring an action to enjoin an act likely to injure a business reputation or to dilute the distinctive quality of a mark ... (a) Without the permission of the United States Olympic Committee, a person may not, for the purpose of trade, to induce the sale of goods ... (a) A person commits an offense if the person knowingly or intentionally signs and presents or causes to be presented for filing a document that ... Last modified: August 10, 2007 |