Texas Business And Commerce Code Title 2, Chapter 16 - Trademarks

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 16.001 - Definitions
  In this chapter: (1) "Applicant" means a person applying for registration of a mark under this chapter. The term includes the person's legal representative, successor,...
• Texas Section 16.002 - Inapplicability Of Chapter
  (a) This chapter does not apply to the registration or use of a livestock brand or other indicia of ownership of goods that do not...
• Texas Section 16.003 - When Mark Considered To Be In Use
  (a) A mark is considered to be in use in this state in connection with goods when: (1) the mark is placed in any manner...

SUBCHAPTER B REGISTRATION OF MARK

• Texas Section 16.004 - When Mark Considered To Be Abandoned
  (a) A mark is considered to be abandoned when: (1) the mark's use has been discontinued with intent not to resume the use; or (2)...
• Texas Section 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...
• Texas Section 16.052 - Application For Registration
  (a) Subject to the limitations prescribed by this chapter, a person who uses a mark may file an application to register the mark in the...
• Texas Section 16.053 - Filing Of Application; Examination
  (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...
• Texas Section 16.054 - Amendment To Application
  (a) In response to the secretary of state's rejection of or objection to the registration, the applicant may amend, or authorize the secretary of state...
• Texas Section 16.055 - Disclaimer Of Unregistrable Component
  (a) The secretary of state may require the applicant to disclaim an unregistrable component of a mark that is otherwise registrable. An applicant may voluntarily...
• Texas Section 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,...
• Texas Section 16.057 - Denial Of Registration; Notice
  (a) If the secretary of state determines that the applicant is not entitled to register the mark, the secretary of state shall: (1) notify the...
• Texas Section 16.058 - Certificate Of Registration
  (a) If the application complies with the requirements of this chapter, the secretary of state shall cause a certificate of registration to be issued and...
• Texas Section 16.059 - Term And Renewal Of Registration
  (a) The registration of a mark under this chapter expires on the fifth anniversary of the date of registration. (b) The registration of a mark...
• Texas Section 16.060 - Record And Proof Of Registration
  (a) The secretary of state shall keep for public examination a record of all: (1) marks registered or renewed under this chapter; (2) assignments recorded...
• Texas Section 16.061 - Assignment Of Mark And Registration
  (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...
• Texas Section 16.062 - Recording Of Other Instruments
  (a) A certificate of the registrant or applicant effecting a name change of the person to whom the mark was issued or for whom an...
• Texas Section 16.063 - Change Of Registrant's Name
  If a registrant's name is changed during the unexpired term of a mark's registration, a new certificate of registration may be issued for the remainder...
• Texas Section 16.064 - Cancellation Of Registration
  (a) The secretary of state shall cancel a registration: (1) in force on August 31, 2012, that has not been renewed under Section 16.059; (2)...
• Texas Section 16.065 - Classification Of Goods And Services
  (a) The secretary of state by rule shall establish a classification of goods and services for the convenient administration of this chapter. The classifications established...

SUBCHAPTER C ENFORCEMENT

• Texas Section 16.066 - Fees
  (a) The secretary of state by rule shall prescribe the amount of fees payable for the various applications and for the filing and recording of...
• Texas Section 16.101 - Fraudulent Registration
  A person who procures for the person or another the filing of an application or the registration of a mark under this chapter by knowingly...
• Texas Section 16.102 - Infringement Of Registered Mark
  (a) Subject to Section 16.107, a person commits an infringement if the person: (1) without the registrant's consent, uses anywhere in this state a reproduction,...
• Texas Section 16.103 - Injury To Business Reputation; Dilution
  (a) Subject to the principles of equity, the owner of a mark that is famous and distinctive, inherently or through acquired distinctiveness, in this state...
• Texas Section 16.104 - Remedies
  (a) An owner of a mark registered under this chapter may bring an action to enjoin the manufacture, use, display, or sale of any counterfeits...
• Texas Section 16.105 - Olympic Symbols
  (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...
• Texas Section 16.106 - Forum For Actions Regarding Registration; Service On Out-of-state Registrants
  (a) An action to require cancellation of a mark registered under this chapter or in mandamus to compel registration of a mark under this chapter...
• Texas Section 16.107 - Common Law Rights Not Affected
  No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter. However, during any period when the registration of...

Last modified: September 28, 2016