1. (a) Permission to use the GO TEXAN and Design mark. Permission to use the GO TEXAN and Design mark may be granted by the Department to registrants and licensees who have been properly certified as a "Non-Agricultural Member" to promote Texas "Other Products", as defined in §17.51 of this title (relating to Definitions).

2. (b) Application process:

   1. (1) Application to use the GO TEXAN and Design mark in accordance with this section, shall be made in the same manner as provided in §17.52 of this title (relating to Application for Registration To Use the GO TEXAN and Design Mark).
   2. (2) Except as otherwise provided in this section, §§17.53 - 17.56 of this title (relating to requirements for membership in the general "GO TEXAN" program) shall apply to entities certified under this section.

3. (c) Eligibility Requirements and Limited Use Restrictions:

   1. (1) licensees granted use of the GO TEXAN and Design mark under this section shall only use the mark for the limited purpose stated in the certificate of registration. Use of the mark is limited and use is subject to department rules.
   2. (2) licensee shall be granted a limited, non-exclusive license to use the mark solely in conjunction with the reproduction, display, advertisement and promotion associated with the product for which licensee has applied, within the United States, on the date(s) which licensee specified in the application;
   3. (3) licensee shall furnish the department a sample of any material bearing the mark, including but not limited to all advertising, promotional, and display materials, at no charge, for the department's written approval prior to any use thereof;
   4. (4) licensee's proposed licensed use shall be subject to review and acceptance by the Department;
   5. (5) licensee shall affix on all items utilized in the licensed use, appropriate legal notices, as follows: GO TEXAN and Design is a certification mark of, and is used under license from, the Texas Department of Agriculture;
   6. (6) licensee's license to use, shall not be construed to grant or assign any right, title or interest in or to the mark or the goodwill attached thereto; and
   7. (7) any and all use of the mark by registrant as allowed under program rules shall inure solely to the benefit of the department.
4. (d) Eligibility for Participation in the GO TEXAN Partner Program. Registrants and licensees admitted into the GO TEXAN membership program under this section are not eligible to receive GO TEXAN Partner Program grant funds.

Source Note:The provisions of this §17.59 adopted to be effective February 5, 2004, 29 TexReg 937; amended to be effective September 1, 2011, 36 TexReg 5353.