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Texas Business & Commerce Code

§ 16.056 — CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK

BC § 16.056Title 2. COMPETITION AND TRADE PRACTICES · Ch. 16. TRADEMARKS · Art. B. REGISTRATION OF MARK

Statute text

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(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:

Legislative history

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

Source: Texas Business & Commerce Code § 16.056 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.