Tex. Bus. & Com. Code § 16.004 · Subchapter A. GENERAL PROVISIONS
WHEN MARK CONSIDERED TO BE ABANDONED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm
- Text hash
- sha256 5b62d218ff226b315fde6d84284f2c5207d04532ce41ec018814e476d756778b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.