(a) The secretary of state shall cancel a registration:

1. (1) in force on August 31, 2012, that has not been renewed under Section 16.059;
2. (2) on receipt of a voluntary request for cancellation from the registrant under this chapter or the registrant's assignee of record;
3. (3) granted under this chapter and not renewed under Section 16.059;

4. (4) with respect to which a court has rendered a judgment finding that:

   1. (A) the registered mark has been abandoned;
   2. (B) the registrant is not the owner of the mark;
   3. (C) the registration was granted improperly;
   4. (D) the registration was obtained fraudulently;
   5. (E) the registered mark is or has become the generic name for the goods or services, or part of the goods or services, in connection with which the mark was registered;

   6. (F) the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark that:

      1. (i) is registered by another person in the United States Patent and Trademark Office before the date the application for registration was filed under this chapter; and
      2. (ii) is not abandoned; or
   7. (G) the registration was canceled by order of a court on any ground; or
5. (5) when a court of competent jurisdiction orders cancellation of a registration on any ground.

(b) If a registrant's mark is considered for cancellation under Subsection (a)(4)(F) and the registrant proves that the registrant is the owner of a mark concurrently registered as a mark with the United States Patent and Trademark Office to cover a geographical area that includes a part of this state, the secretary of state may not cancel registration of the mark for the geographical area of this state covered by the federal registration.

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