Tex.
Bus. & Com. Code Section 16.064
Cancellation of Registration
(a)
The secretary of state shall cancel a registration:(1)
in force on August 31, 2012, that has not been renewed under Section 16.059 (Term and Renewal of Registration);(2)
on receipt of a voluntary request for cancellation from the registrant under this chapter or the registrant’s assignee of record;(3)
granted under this chapter and not renewed under Section 16.059 (Term and Renewal of Registration);(4)
with respect to which a court has rendered a judgment finding that:(A)
the registered mark has been abandoned;(B)
the registrant is not the owner of the mark;(C)
the registration was granted improperly;(D)
the registration was obtained fraudulently;(E)
the registered mark is or has become the generic name for the goods or services, or part of the goods or services, in connection with which the mark was registered;(F)
the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark that:(i)
is registered by another person in the United States Patent and Trademark Office before the date the application for registration was filed under this chapter; and(ii)
is not abandoned; or(G)
the registration was canceled by order of a court on any ground; or(5)
when a court of competent jurisdiction orders cancellation of a registration on any ground.(b)
If a registrant’s mark is considered for cancellation under Subsection (a)(4)(F) and the registrant proves that the registrant is the owner of a mark concurrently registered as a mark with the United States Patent and Trademark Office to cover a geographical area that includes a part of this state, the secretary of state may not cancel registration of the mark for the geographical area of this state covered by the federal registration.
Source:
Section 16.064 — Cancellation of Registration, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm#16.064 (accessed May 4, 2024).
