Texas Business and Commerce Code
Sec. § 16.004
When Mark Considered to Be Abandoned


(a)

A mark is considered to be abandoned when:

(1)

the marks use has been discontinued with intent not to resume the use; or

(2)

the owners 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 marks abandonment.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Source
Last accessed
Dec. 7, 2019