Tex. Bus. & Com. Code § 16.056 · Subchapter B. REGISTRATION OF MARK
CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
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 c32b5175d7f13f7f727e144fe20d0e1ce40fe82c63deaa66f2cbff701038f130
- 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
This section cites
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