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AN ACT
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relating to the registration and use of marks, including trademarks |
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and service marks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 16.002, Business & Commerce Code, is |
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amended to read as follows: |
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Sec. 16.002. INAPPLICABILITY OF CHAPTER. (a) This |
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chapter does not apply to the registration or use of a livestock |
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brand or other indicia of ownership of goods that do not qualify as |
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a mark. |
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(b) Except as provided by this subsection, a trade name is |
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not registrable under this chapter. If a trade name is also a |
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service mark or trademark, the trade name is registrable as a |
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service mark or trademark. |
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SECTION 2. Subsection (c), Section 16.003, Business & |
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Commerce Code, is amended to read as follows: |
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(c) Use of a [A] mark made merely to reserve a right in the |
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mark is not considered to be a bona fide [in] use of a mark for |
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purposes of [in] this chapter [state in connection with goods or
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services]. |
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SECTION 3. Subsection (b), Section 16.059, Business & |
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Commerce Code, is amended to read as follows: |
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(b) The registration of a mark under this chapter may be |
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renewed for an additional five-year term by filing a renewal |
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application in the manner prescribed by the secretary of state and |
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paying a renewal fee not earlier [later] than the 180th day before |
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the date the registration expires. |
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SECTION 4. The change in law made by this Act to Subsection |
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(b), Section 16.059, Business & Commerce Code, applies only to a |
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renewal application filed on or after the effective date of this |
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Act. A renewal application filed before the effective date of this |
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Act is governed by the law in effect immediately before that date, |
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and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1033 passed the Senate on |
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April 4, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1033 passed the House on |
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May 17, 2013, by the following vote: Yeas 134, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |