4 Tex. Admin. Code § 17.56
Termination of Registration To Use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design marks
Effective Feb 5, 200429 TexReg 937Source Note: The provisions of this §17.56 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective February 5, 2004, 29 TexReg 937.Texas Secretary of State
- (a) Registration to use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design mark may be revoked at any time if the mark is misused.
(b) Misuse of the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design mark includes, but is not limited to:
- (1) use of the mark in the selling, advertising, marketing, packaging, or other commercial handling of a product for which registration to use the mark has not been granted by the department;
- (2) use of the mark in the selling, advertising, marketing, packaging, or other commercial handling of a product which is of a quality markedly inferior to that representative of similar products produced in Texas; or
(3) use of the mark would either:
- (A) impair or frustrate the department's efforts to expand or encourage development of the markets for Texas agricultural and other products; or
- (B) fail to enhance the integrity and image of the program, as determined by the department
- (4) use of the mark in a manner violating any rule promulgated by the commissioner.
- (c) Proceedings for the revocation of registration to use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design mark shall be conducted in the manner provided for contested cases by the Administrative Procedure Act, Texas Government Code, Chapter 2001, and Chapter 1 of this title (relating to General Practice and Procedure).
- (d) A proceeding for revocation of registration to use the TAP, Taste of Texas, Vintage Texas, Texas Grown, Naturally Texas, or GO TEXAN and Design mark shall not preclude the commissioner from pursuing any other remedies, including, where applicable, the penal and injunctive remedies provided for by law.
Source Note:The provisions of this §17.56 adopted to be effective January 1, 1981, 5 TexReg 4988; amended to be effective April 16, 1984, 9 TexReg 1881; amended to be effective December 11, 1989, 14 TexReg 6251; amended to be effective May 6, 1993, 18 TexReg 2623; amended to be effective September 2, 1996, 21 TexReg 7966; amended to be effective May 23, 1999, 24 TexReg 3844; amended to be effective November 18, 1999, 24 TexReg 10046; amended to be effective February 5, 2004, 29 TexReg 937.