Tex. Business & Commerce Code § 16.056
This is the official text of Tex. Business & Commerce Code § 16.056, part of Texas’s Business & Commerce Code — governs commercial transactions and general business practices.
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§ 16.056. CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK.
Official statutory text
(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.
(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.
Status: in_force · Read it on the official government site
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