Texas Business And Commerce Code § 16.056 Concurrent Applications For Same Or Similar Mark

Sec. 16.056. CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK. (a) When concurrently processing applications for the same or confusingly similar marks used on or in connection with the same or related goods or services, the secretary of state shall grant priority to the application that was filed first. If a prior filed application is granted a registration, the secretary of state shall reject any other subsequently filed application.

(b) An applicant whose application is rejected under this section may bring an action in accordance with Section 16.106 for cancellation of the previously issued registration on the ground that the applicant has a prior or superior right to the mark.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.

Section: Previous  16.003  16.004  16.051  16.052  16.053  16.054  16.055  16.056  16.057  16.058  16.059  16.060  16.061  16.062  16.063  Next

Last modified: September 28, 2016