1. (a) No person shall use, employ, adopt, or utilize the "Texas Yes!" mark, unless:

   1. (1) that person is a "Texas Yes!" community, business or associate member; and
   2. (2) the department has executed a "Texas Yes!" licensing agreement with that person.
2. (b) If a "Texas Yes!" member wishes to use the mark, the department shall forward a "Texas Yes!" license agreement to the member. The member must supply any information requested by the Department and return a signed license agreement to the department. The department will review the information provided by the member and approve or reject the license agreement.
3. (c) Each "Texas Yes!" license agreement shall be effective for one year from the date it is executed by the department. The department will review each license agreement on an annual basis. The department will then, in its sole discretion, determine whether the license agreement should be renewed.
4. (d) "Texas Yes!" license agreements shall be nonexclusive and nontransferable.
5. (e) Community, business and associate Texas Yes! members shall do nothing inconsistent with the department's ownership of the "Texas Yes!" mark, and all use of the mark under any "Texas Yes!" license agreement shall inure to the benefit of and be on behalf of the department. Licensees shall have no right, title, or interest in the mark, other than the right to use the mark in accordance with the license agreement. Licensees must agree not to attack the title of the department to the mark, or attack the validity of any "Texas Yes!" license agreement.
6. (f) In addition to the requirements contained in each "Texas Yes!" license agreement, the use of the "Texas Yes!" mark shall conform to any standards that may be set from time to time by the department. Licensees shall cooperate with the department by supplying the department with specimens of use of the mark upon request.
7. (g) Licensees shall use the mark only in the form and manner, and with appropriate legends, as prescribed from time to time by the commissioner. Registrants shall affix on all items bearing the mark the following legal notice: "Texas Yes!" is a service mark of the Texas Department of Agriculture.
8. (h) Other than approved uses of the "Texas Yes!" mark, no registrant shall use any statement of affiliation or endorsement by the state of Texas or the department, unless permission for such use or statement has been separately granted.
9. (i) The department shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the "Texas Yes!" mark.

Source Note:The provisions of this §29.30 adopted to be effective September 10, 2003, 28 TexReg 7677.