§ 16.004

Tex. Bus. & Com. Code § 16.004

When Mark Considered to Be Abandoned

  1. (a) A mark is considered to be abandoned when:

    1. (1) the mark's use has been discontinued with intent not to resume the use; or
    2. (2) the owner's conduct, including an omission or commission of an act, causes the mark to lose its significance as a mark.
  2. (b) Intent not to resume use of a mark under Subsection (a)(1) may be inferred from the circumstances.

  3. (c) Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark's abandonment.

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

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