Texas Business and Commerce Code
Sec. § 16.001
Definitions


In this chapter:

(1)

"Applicant" means a person applying for registration of a mark under this chapter. The term includes the persons legal representative, successor, and assignee.

(2)

"Dilution" means dilution by blurring or dilution by tarnishment, without regard to the presence or absence of:

(A)

competition between the owner of a famous mark and another person;

(B)

actual or likely confusion, mistake, or deception; or

(C)

actual economic harm.

(3)

"Dilution by blurring" means an association arising from the similarity between a mark or trade name and a famous mark that impairs the famous marks distinctiveness.

(4)

"Dilution by tarnishment" means an association arising from the similarity between a mark or trade name and a famous mark that harms the famous marks reputation.

(5)

"Mark" includes a trademark or service mark that is registrable under this chapter, regardless of whether the trademark or service mark is actually registered.

(6)

"Person," with respect to the applicant or another person who is entitled to a benefit or privilege or is rendered liable under this chapter, includes:

(A)

a natural person; and

(B)

a firm, partnership, corporation, association, union, or other organization that may sue or be sued in that capacity.

(7)

"Registrant" means the person to whom a registration of a mark has been issued under this chapter. The term includes the persons legal representative, successor, or assignee.

(8)

"Service mark":

(A)

means a word, name, symbol, or device, or any combination of those terms, used by a person to:

(i)

identify and distinguish the services of one person, including a unique service, from the services of another; and

(ii)

indicate the source of the services, regardless of whether the source is unknown; and

(B)

includes the titles, character names used by a person, and other distinctive features of radio or television programs, regardless of whether the titles, character names, or programs advertise the sponsors goods.

(9)

"Trade name" means a name used by a person to identify the persons business or vocation.

(10)

"Trademark" means a word, name, symbol, or device, or any combination of those terms, used by a person to:

(A)

identify and distinguish the persons goods, including a unique product, from the goods manufactured or sold by another; and

(B)

indicate the source of the goods, regardless of whether the source is unknown.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Source
Last accessed
Oct. 22, 2019