Texas Business and Commerce Code
Sec. § 16.056
Concurrent Applications for Same or Similar Mark


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.


An applicant whose application is rejected under this section may bring an action in accordance with Section 16.106 (Forum for Actions Regarding Registration; Service on Out-of-state Registrants) for cancellation of the previously issued registration on the ground that the applicant has a prior or superior right to the mark.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Last accessed
Sep. 27, 2020