Tex. Business & Commerce Code § 16.003
This is the official text of Tex. Business & Commerce Code § 16.003, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 16.003. WHEN MARK CONSIDERED TO BE IN USE.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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