Texas Business & Commerce Code
§ 16.004 — WHEN MARK CONSIDERED TO BE ABANDONED
BC § 16.004Title 2. COMPETITION AND TRADE PRACTICES · Ch. 16. TRADEMARKS · Art. A. GENERAL PROVISIONS
Statute text
View on source(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)the owner's conduct, including an omission or commission of an act, causes the mark to lose its significance as a mark.
(b)Intent not to resume use of a mark under Subsection (a)(1) may be inferred from the circumstances.
(c)Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark's abandonment. Amended by:
Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.