Sec. 16.051. REGISTRABLE MARKS. (a) A mark that distinguishes an applicant's goods or services from those of others is registrable unless the mark:
(1) consists of or comprises matter that is immoral, deceptive, or scandalous;
(2) consists of or comprises matter that may disparage, falsely suggest a connection with, or bring into contempt or disrepute:
(A) a person, whether living or dead;
(B) an institution;
(C) a belief; or
(D) a national symbol;
(3) depicts, comprises, or simulates the flag, the coat of arms, or other insignia of:
(A) the United States;
(B) a state;
(C) a municipality; or
(D) a foreign nation;
(4) consists of or comprises the name, signature, or portrait of a particular living individual who has not consented in writing to the mark's registration;
(5) when used on or in connection with the applicant's goods or services:
(A) is merely descriptive or deceptively misdescriptive of the applicant's goods or services; or
(B) is primarily geographically descriptive or deceptively misdescriptive of the applicant's goods or services;
(6) is primarily merely a surname; or
(7) is likely to cause confusion or mistake, or to deceive, because, when used on or in connection with the applicant's goods or services, it resembles:
(A) a mark registered in this state; or
(B) an unabandoned mark registered with the United States Patent and Trademark Office.
(b) Subsection (a)(5) or (6) does not prevent the registration of a mark used by the applicant that has become distinctive as applied to the applicant's goods or services. The secretary of state may accept as evidence that a mark has become distinctive, when used on or in connection with the applicant's goods or services, proof of continuous use of the mark as such by the applicant in this state for the five years preceding the date on which the claim of distinctiveness is made.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
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