Tex. Business & Commerce Code § 16.004
This is the official text of Tex. Business & Commerce Code § 16.004, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 16.004. WHEN MARK CONSIDERED TO BE ABANDONED.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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