Tex. Bus. & Com. Code Section 16.004
When Mark Considered to Be Abandoned

(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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.

Source: Section 16.004 — When Mark Considered to Be Abandoned, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­16.­htm#16.­004 (accessed Jun. 5, 2024).

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Accessed:
Jun. 5, 2024

§ 16.004’s source at texas​.gov