Tex. Bus. & Com. Code § 16.003

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

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 on:

(A) the goods;

(B) containers of the goods;

(C) displays associated with the goods;

(D) tags or labels affixed to the goods; or

(E) documents associated with the goods or sale of the goods, if the nature of the goods makes placement described by Paragraphs (A) through (D) impracticable; and

(2) the goods are sold or transported in commerce in this state.

(b) A mark is considered to be in use in this state in connection with services when:

(1) the mark is used or displayed in this state in connection with selling or advertising the services; and

(2) the services are rendered in this state.

(c) Use of a mark made merely to reserve a right in the mark is not considered to be a bona fide use of a mark for purposes of this chapter.

Tex. Bus. and Comm. Code § 16.003

Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 762,Sec. 2, eff. 9/1/2013.

Added by: Acts 2011, 82nd Leg., R.S., Ch. 563, Sec. 1, eff. 9/1/2012.