reglab/statecodes huggingface dataset:
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.055. Disclaimer of Unregistrable Component

Sec. 16.055.  DISCLAIMER OF UNREGISTRABLE COMPONENT.  (a)  The secretary of state may require the applicant to disclaim an unregistrable component of a mark that is otherwise registrable.  An applicant may voluntarily disclaim a component of a mark sought to be registered.
(b)  A disclaimer may not prejudice or affect:
(1)  the rights of the applicant or registrant in the disclaimed matter; or
(2)  the rights of the applicant or registrant to submit another application to register the mark if the disclaimed matter is or has become distinctive of the applicant's or registrant's goods or services.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.056. Concurrent Applications for Same or Similar Mark

Sec. 16.056.  CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK.  (a)  When concurrently processing applications for the same or confusingly similar marks used on or in connection with the same or related goods or services, the secretary of state shall grant priority to the application that was filed first.  If a prior filed application is granted a registration, the secretary of state shall reject any other subsequently filed application.
(b)  An applicant whose application is rejected under this section may bring an action in accordance with Section 16.106 for cancellation of the previously issued registration on the ground that the applicant has a prior or superior right to the mark.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.057. Denial of Registration; Notice

Sec. 16.057.  DENIAL OF REGISTRATION; NOTICE.  (a)  If the secretary of state determines that the applicant is not entitled to register the mark, the secretary of state shall:
(1)  notify the applicant of the determination and the reason for the denial of the application; and
(2)  give the applicant reasonable time as prescribed by the secretary of state in which to issue a response to the denial or amend the application, in which event the secretary of state shall reexamine the application.
(b)  The applicant may repeat the examination procedures described by Subsection (a) until the earlier of:
(1)  the expiration of the period prescribed by the secretary of state under Subsection (a)(2); or
(2)  the date on which the secretary of state finally refuses registration of the application.
(c)  If the applicant fails to respond to the denial or to amend the application within the period prescribed by the secretary of state under Subsection (a)(2), the application is considered to have been abandoned.
(d)  If the secretary of state finally refuses registration of the mark, the applicant may seek a writ of mandamus against the secretary of state to compel registration in accordance with the procedures prescribed by Section 16.106.  The writ of mandamus may be granted, without cost to the secretary of state, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.058. Certificate of Registration

Sec. 16.058.  CERTIFICATE OF REGISTRATION.  (a)  If the application complies with the requirements of this chapter, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant.
(b)  The certificate of registration must:
(1)  be signed by the secretary of state;
(2)  be issued under the secretary of state's official seal;
(3)  indicate the name and business address of the person claiming ownership of the mark;
(4)  if the applicant is a corporation, indicate the state under whose laws the applicant was incorporated or organized;
(5)  if the applicant is a partnership, indicate the state under whose laws the partnership was organized and the names of the general partners;
(6)  include a description of the goods or services on or in connection with which the mark is being used;
(7)  state the class of the goods or services;
(8)  state the date claimed for the first use of the mark anywhere;
(9)  state the date claimed for the first use of the mark in this state;
(10)  show a reproduction of the mark;
(11)  state the registration date; and
(12)  state the term of the registration.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.059. Term and Renewal of Registration

Sec. 16.059.  TERM AND RENEWAL OF REGISTRATION.  (a)  The registration of a mark under this chapter expires on the fifth anniversary of the date of registration.
(b)  The registration of a mark under this chapter may be renewed for an additional five-year term by filing a renewal application in the manner prescribed by the secretary of state and paying a renewal fee not earlier than the 180th day before the date the registration expires.
(c)  An application for renewal under this chapter, whether of a registration made under this chapter, or a registration that took effect under a predecessor statute, must include:
(1)  a verified statement stating that the mark has been and is still in use in this state; and
(2)  a specimen of the mark, as actually used on or in connection with the goods or services.
(d)  A mark for which a registration was in effect on August 31, 2012, continues in effect for the unexpired term of the registration and may be renewed by complying with the requirements for renewal under this section.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 762 (S.B. 1033), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.060. Record and Proof of Registration

Sec. 16.060.  RECORD AND PROOF OF REGISTRATION. (a)  The secretary of state shall keep for public examination a record of all:
(1)  marks registered or renewed under this chapter;
(2)  assignments recorded under Section 16.061; and
(3)  other instruments recorded under Section 16.062.
(b)  Registration of a mark under this chapter is constructive notice throughout this state of the registrant's claim of ownership of the mark throughout this state.
(c)  A certificate of registration issued by the secretary of state under this chapter, or a copy of it certified by the secretary of state, is admissible in evidence as prima facie proof of:
(1)  the validity of the registration;
(2)  the registrant's ownership of the mark; and
(3)  the registrant's exclusive right to use the mark in commerce in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated in the certificate.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.061. Assignment of Mark and Registration

Sec. 16.061.  ASSIGNMENT OF MARK AND REGISTRATION.  (a)  A mark and its registration under this chapter are assignable with the goodwill of the business in which the mark is used, or with that part of the goodwill of the business connected with the use of, and symbolized by, the mark.
(b)  An assignment must be made by a properly executed written instrument and may be recorded with the secretary of state by:
(1)  filing the assignment; and
(2)  paying a recording fee to the secretary of state.
(c)  If an assignment has been properly filed for record under Subsection (b), the secretary of state shall issue in the assignee's name a new certificate of registration for the remainder of the term of the mark's registration or last renewal.
(d)  The assignment of a mark registered under this chapter is void against a purchaser who purchases the mark for valuable consideration after the assignment is made and without notice of it unless the assignment is recorded by the secretary of state:
(1)  not later than the 90th day after the date of the assignment; or
(2)  before the mark is purchased.
(e)  An acknowledgment is prima facie evidence of the execution of an assignment, and when recorded by the secretary of state, the record is prima facie evidence of execution.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.062. Recording of Other Instruments

Sec. 16.062.  RECORDING OF OTHER INSTRUMENTS.  (a)  A certificate of the registrant or applicant effecting a name change of the person to whom the mark was issued or for whom an application was filed may be recorded with the secretary of state by paying a recording fee to the secretary of state.
(b)  Other properly executed written instruments that relate to a mark registered or an application pending with the secretary of state under this chapter, including a license, security interest, or mortgage, may be recorded with the secretary of state, at the secretary of state's discretion.
(c)  An acknowledgment is prima facie evidence of the execution of an instrument other than an assignment under this section, and when recorded by the secretary of state, the record is prima facie evidence of execution.
(d)  The secretary of state must accept for recording a copy of an original instrument under this section if the copy is certified to be a true copy by any party to the transaction or the party's successor.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.063. Change of Registrant's Name

Sec. 16.063.  CHANGE OF REGISTRANT'S NAME.  If a registrant's name is changed during the unexpired term of a mark's registration, a new certificate of registration may be issued for the remainder of the unexpired term in the new name of the registrant on the filing of a certificate under Section 16.062.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.064. Cancellation of Registration

Sec. 16.064.  CANCELLATION OF REGISTRATION.  (a)  The secretary of state shall cancel a registration:
(1)  in force on August 31, 2012, that has not been renewed under Section 16.059;
(2)  on receipt of a voluntary request for cancellation from the registrant under this chapter or the registrant's assignee of record;
(3)  granted under this chapter and not renewed under Section 16.059;
(4)  with respect to which a court has rendered a judgment finding that:
(A)  the registered mark has been abandoned;
(B)  the registrant is not the owner of the mark;
(C)  the registration was granted improperly;
(D)  the registration was obtained fraudulently;
(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;
(F)  the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark that:
(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
(ii)  is not abandoned; or
(G)  the registration was canceled by order of a court on any ground; or
(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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.065. Classification of Goods and Services

Sec. 16.065.  CLASSIFICATION OF GOODS AND SERVICES.  (a)  The secretary of state by rule shall establish a classification of goods and services for the convenient administration of this chapter.  The classifications established under this section may not limit or expand an applicant's or registrant's rights. To the extent practicable, the classification of goods and services must conform to the classification of goods and services adopted by the United States Patent and Trademark Office.
(b)  An applicant may include in a single application for registration of a mark any or all goods or services in connection with which the mark is actually being used and the appropriate class or classes of the goods or services.
(c)  If a single application for registration of a mark includes goods or services that belong in multiple classes, the secretary of state may require payment of a fee for each class of goods or services.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter B. Registration of Mark › Section 16.066. Fees

Sec. 16.066.  FEES.  (a)  The secretary of state by rule shall prescribe the amount of fees payable for the various applications and for the filing and recording of those applications for related services.
(b)  Unless specified otherwise by the secretary of state, a fee under this chapter is not refundable.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter C. Enforcement › Section 16.101. Fraudulent Registration

Sec. 16.101.  FRAUDULENT REGISTRATION.  A person who procures for the person or another the filing of an application or the registration of a mark under this chapter by knowingly making a false or fraudulent representation or declaration, oral or written, or by any other fraudulent means, is liable to pay all damages sustained as a result of the filing or registration.  The damages may be recovered by or on behalf of the injured party in any court of competent jurisdiction.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter C. Enforcement › Section 16.102. Infringement of Registered Mark

Sec. 16.102.  INFRINGEMENT OF REGISTERED MARK.  (a)  Subject to Section 16.107, a person commits an infringement if the person:
(1)  without the registrant's consent, uses anywhere in this state a reproduction, counterfeit, copy, or colorable imitation of a mark registered under this chapter in connection with selling, distributing, offering for sale, or advertising goods or services when the use is likely to deceive or cause confusion or mistake as to the source or origin of the goods or services; or
(2)  reproduces, counterfeits, copies, or colorably imitates a mark registered under this chapter and applies the reproduction, counterfeit, copy, or colorable imitation to a label, sign, print, package, wrapper, receptacle, or advertisement intended to be used in selling or distributing, or in connection with the sale or distribution of, goods or services in this state.
(b)  A registrant may sue for damages and to enjoin an infringement proscribed by Subsection (a).
(c)  If the court determines that there has been an infringement, the court shall enjoin the act of infringement and may:
(1)  subject to Subsection (d), require the violator to pay the registrant all profits derived from or damages resulting from the acts of infringement; and
(2)  order that the infringing counterfeits or imitations in the possession or under the control of the violator be:
(A)  delivered to an officer of the court to be destroyed; or
(B)  delivered to the registrant to be destroyed.
(d)  If the court finds that the violator acted with actual knowledge of the registrant's mark or in bad faith, the court, in the court's discretion, may:
(1)  enter judgment in an amount not to exceed three times the amount of profits and damages; and
(2)  award reasonable attorney's fees to the prevailing party.
(e)  A registrant is entitled to recover damages under Subsections (a)(2), (c)(1), and (d) only if the violator acted with intent to cause confusion or mistake or to deceive.
(f)  The enumeration of any right or remedy under this  section does not affect the prosecution of conduct under the penal laws of this state.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter C. Enforcement › Section 16.103. Injury to Business Reputation; Dilution

Sec. 16.103.  INJURY TO BUSINESS REPUTATION; DILUTION.  (a)  Subject to the principles of equity, the owner of a mark that is famous and distinctive, inherently or through acquired distinctiveness, in this state is entitled to enjoin another person's commercial use of a mark or trade name that begins after the mark has become famous if use of the mark or trade name is likely to cause the dilution of the famous mark.
(b)  For purposes of this section, a mark is considered to be famous if the mark is widely recognized by the public throughout this state or in a geographic area in this state as a designation of source of the goods or services of the mark's owner.  In determining whether a mark is famous, a court may consider factors including:
(1)  the duration, extent, and geographic reach of the advertisement and publicity of the mark in this state, regardless of whether the mark is advertised or publicized by the owner or a third party;
(2)  the amount, volume, and geographic extent of sales of goods or services offered under the mark in this state;
(3)  the extent of actual recognition of the mark in this state; and
(4)  whether the mark is registered in this state or in the United States Patent and Trademark Office.
(c)  In an action brought under this section, the owner of a famous mark is entitled to injunctive relief throughout the geographic area in this state in which the mark is found to have become famous before the use of the other mark.  If the court finds that the person against whom the injunctive relief is sought wilfully intended to cause the dilution of the famous mark, the owner shall also be entitled to remedies under this chapter, subject to the court's discretion and principles of equity.
(d)  A person may not bring an action under this section for:
(1)  a fair use, including a nominative or descriptive fair use, or facilitation of the fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including a fair use in connection with:
(A)  advertising or promoting that permits consumers to compare goods or services; or
(B)  identifying and parodying, criticizing, or commenting on the famous mark owner or the famous mark owner's goods or services;
(2)  a noncommercial use of the mark;  or
(3)  any form of news reporting or commentary.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter C. Enforcement › Section 16.104. Remedies

Sec. 16.104.  REMEDIES.  (a)  An owner of a mark registered under this chapter may bring an action to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of a mark.
(b)  If the court finds that a wrongful act described by Subsection (a) has been committed, the court shall enjoin the wrongful manufacture, use, display, or sale and may:
(1)  subject to Subsection (c), require the violator to pay to the owner of the mark all profits derived from or damages resulting from the wrongful acts; and
(2)  order that the wrongful counterfeits or imitations in the possession or under the control of the defendant be:
(A)  delivered to an officer of the court to be destroyed; or
(B)  delivered to the complainant to be destroyed.
(c)  If the court finds that the violator committed the wrongful acts with knowledge of the registrant's mark or in bad faith, or otherwise as according to the circumstances of the case, the court, in the court's discretion, may:
(1)  enter judgment in an amount not to exceed three times the amount of profits and damages; and
(2)  award reasonable attorney's fees to the prevailing party.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter C. Enforcement › Section 16.105. Olympic Symbols

Sec. 16.105.  OLYMPIC SYMBOLS.  (a)  Without the permission of the United States Olympic Committee, a person may not, for the purpose of trade, to induce the sale of goods or services, or to promote a theatrical exhibition, athletic performance, or competition, use:
(1)  the symbol of the International Olympic Committee, consisting of five interlocking rings;
(2)  the emblem of the United States Olympic Committee, consisting of an escutcheon having a blue chief and vertically extending red and white bars on the base with five interlocking rings displayed on the chief;
(3)  a trademark, trade name, sign, symbol, or insignia falsely representing association with or authorization by the International Olympic Committee or the United States Olympic Committee;  or
(4)  the words "Olympic," "Olympiad," or "Citius Altius Fortius" or a combination or simulation of those words that tends to cause confusion or mistake, to deceive, or to suggest falsely a connection with the United States Olympic Committee or an Olympic activity.
(b)  On violation of Subsection (a), the United States Olympic Committee is entitled to the remedies available to a registrant on infringement of a mark registered under this chapter.
Added by Acts 1997, 75th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter C. Enforcement › Section 16.106. Forum for Actions Regarding Registration; Service on Out-of-State Registrants

Sec. 16.106.  FORUM FOR ACTIONS REGARDING REGISTRATION; SERVICE ON OUT-OF-STATE REGISTRANTS.  (a)  An action to require cancellation of a mark registered under this chapter or in mandamus to compel registration of a mark under this chapter shall be brought in a district court of Travis County.  In an action to compel registration of a mark, the proceeding must be based solely on the record before the secretary of state.
(b)  In an action for cancellation, the secretary of state may not be made a party to the proceeding but shall be notified of the filing of the complaint by the clerk of the court in which the action is filed and shall be given the right to intervene in the action.
(c)  In an action brought against a nonresident registrant, service may be made on the secretary of state as agent for service of process of the registrant in accordance with the procedures established for service on foreign corporations and business entities under the Business Organizations Code.
Added by Acts 1997, 75th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 16 - Trademarks › Subchapter C. Enforcement › Section 16.107. Common Law Rights Not Affected

Sec. 16.107.  COMMON LAW RIGHTS NOT AFFECTED.  No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter.  However, during any period when the registration of a mark under this chapter is in force and the registrant has not abandoned the mark, no common law rights as against the registrant of the mark may be acquired.
Added by Acts 1997, 75th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter A. General Provisions › Section 17.01. Definitions

Sec. 17.01.  DEFINITIONS.  In this chapter, unless the context requires a different definition,
(1)  "container" includes bale, barrel, bottle, box, cask, keg, and package;  and
(2)  "proprietary mark" includes word, name, symbol, device, and any combination of them in any form or arrangement, used by a person to identify his tangible personal property and distinguish it from the tangible personal property of another.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter B. Deceptive Advertising, Packing, Selling, and Exporting › Section 17.11. Deceptive Wholesale and Going-Out-of-Business Advertising

Sec. 17.11.  DECEPTIVE WHOLESALE AND GOING-OUT-OF-BUSINESS ADVERTISING.  (a)  In Subsection (b) of this section, unless the context requires a different definition, "wholesaler" means a person who sells for the purpose of resale and not directly to a consuming purchaser.
(b)  No person may wilfully misrepresent the nature of his business by using in selling or advertising the word manufacturer, wholesaler, retailer, or other word of similar meaning.
(c)  No person may wilfully misrepresent the ownership of a business for the purpose of holding a liquidation sale, auction sale, or other sale which represents that the business is going out of business.  A person who advertises a liquidation sale, auction sale, or going-out-of-business sale shall state the correct name and permanent address of the owner of the business in the advertising.
(d)  A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $100 nor more than $500.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter B. Deceptive Advertising, Packing, Selling, and Exporting › Section 17.12. Deceptive Advertising

Sec. 17.12.  DECEPTIVE ADVERTISING.  (a)  No person may disseminate a statement he knows materially misrepresents the cost or character of tangible personal property, a security, service, or anything he may offer for the purpose of
(1)  selling, contracting to sell, otherwise disposing of, or contracting to dispose of the tangible personal property, security, service, or anything he may offer;  or
(2)  inducing a person to contract with regard to the tangible personal property, security, service, or anything he may offer.
(b)  No person may solicit advertising in the name of a club, association, or organization without the written permission of such club, association, or organization or distribute any publication purporting to represent officially a club, association, or organization without the written authority of or a contract with such club, association, or organization and without listing in such publication the complete name and address of the club, association, or organization endorsing it.
(c)  A person's proprietary mark appearing on or in a statement described in Subsection (a) of this section is prima facie evidence that the person disseminated the statement.
(d)  A person who violates a provision of Subsection (a) or (b) of this Section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $200.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.  Amended by Acts 1969, 61st Leg., p. 2045, ch. 701, Sec. 1, eff. June 12, 1969.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter D. Counterfeiting or Changing a Required Mark; Misuse of Container Bearing Mark › Section 17.29. Misusing Container; Evidence of Misuse and Container's Ownership

Sec. 17.29.  MISUSING CONTAINER;  EVIDENCE OF MISUSE AND CONTAINER'S OWNERSHIP.  (a)  In this section, unless the context requires a different definition, "container" also includes drink-dispensing fountain.
(b)  Unless the owner of a reusable container bearing a proprietary mark (or one acting with the owner's written permission) agrees, no person may
(1)  fill the container for sale or other commercial purpose;
(2)  deface, cover up, or remove the proprietary mark from the container;  or
(3)  refuse to return the container to the owner if he requests its return.
(c)  A person's wilful
(1)  possession of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section;
(2)  use, purchase, sale, or other disposition of a full or empty reusable container without the owner's permission is prima facie evidence of his violating a provision of Subsection (b) of this section;  and
(3)  breaking, damaging, or destroying a full or empty reusable container is prima facie evidence of his violating a provision of Subsection (b) of this section.
(d)  In an action in which the ownership of a reusable container is in issue, a person's proprietary mark on the container is prima facie evidence that the person or his licensee owns the container.
(e)  A person who violates a provision of Subsection (b) of this section is guilty of a misdemeanor and upon conviction is punishable by
(1)  a fine of not less than $25 nor more than $50 for each violation concerning a drink-dispensing fountain;  or
(2)  a fine of not less than $5 nor more than $10 for each violation concerning any other container.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter D. Counterfeiting or Changing a Required Mark; Misuse of Container Bearing Mark › Section 17.30. Misusing Dairy Container Bearing Proprietary Mark

Sec. 17.30.  MISUSING DAIRY CONTAINER BEARING PROPRIETARY MARK.  (a)  In this section, unless the context requires a different definition, "dairy container" includes butter box, ice cream can, ice cream tub, milk bottle, milk bottle case, milk can, and milk jar.
(b)  Without the owner's consent, no person may
(1)  fill with milk, cream, butter, or ice cream;  damage;  mutilate;  or destroy a dairy container bearing the owner's commonly used proprietary mark;  or
(2)  wilfully refuse to return on request to the owner a dairy container bearing his commonly used proprietary mark.
(c)  Without the owner's written consent, no person may
(1)  deface or remove an owner's proprietary mark from a dairy container;  or
(2)  substitute on a dairy container his proprietary mark for that of the owner.
(d)  A person's commonly used proprietary mark on a dairy container is prima facie evidence of that person's ownership of the container.
(e)  A person who violates a provision of Subsection (b) or (c) of this section is guilty of a misdemeanor and upon conviction is punishable by a fine of not less than $10 nor more than $100.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.41. Short Title

Sec. 17.41.  SHORT TITLE.  This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.42. Waivers: Public Policy

Sec. 17.42.  WAIVERS:  PUBLIC POLICY.  (a)  Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void;  provided, however, that a waiver is valid and enforceable if:
(1)  the waiver is in writing and is signed by the consumer;
(2)  the consumer is not in a significantly disparate bargaining position;  and
(3)  the consumer is represented by legal counsel in seeking or acquiring the goods or services.
(b)  A waiver under Subsection (a) is not effective if the consumer's legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant.
(c)  A waiver under this section must be:
(1)  conspicuous and in bold-face type of at least 10 points in size;
(2)  identified by the heading "Waiver of Consumer Rights," or words of similar meaning;  and
(3)  in substantially the following form:
"I waive my rights under the Deceptive Trade Practices-Consumer Protection Act, Section 17.41 et seq., Business & Commerce Code, a law that gives consumers special rights and protections.  After consultation with an attorney of my own selection, I voluntarily consent to this waiver."
(d)  The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter.
(e)  The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1981, 67th Leg., p. 863, ch. 307, Sec. 1, eff. Aug. 31, 1981;  Acts 1983, 68th Leg., p. 4943, ch. 883, Sec. 1, eff. Aug. 29, 1983;  Acts 1987, 70th Leg., ch. 167, Sec. 5.02(6), eff. Sept. 1, 1987;  Acts 1989, 71st Leg., ch. 380, Sec. 1, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.43. Cumulative Remedies

Sec. 17.43.  CUMULATIVE REMEDIES.  The provisions of this subchapter are not exclusive.  The remedies provided in this subchapter are in addition to any other procedures or remedies provided for in any other law;  provided, however, that no recovery shall be permitted under both this subchapter and another law of both damages and penalties for the same act or practice.  A violation of a provision of law other than this subchapter is not in and of itself a violation of this subchapter.  An act or practice that is a violation of a provision of law other than this subchapter may be made the basis of an action under this subchapter if the act or practice is proscribed by a provision of this subchapter or is declared by such other law to be actionable under this subchapter.  The provisions of this subchapter do not in any way preclude other political subdivisions of this state from dealing with deceptive trade practices.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1979, 66th Leg., p. 1327, ch. 603, Sec. 1, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.44. Construction and Application

Sec. 17.44.  CONSTRUCTION AND APPLICATION.  (a)  This subchapter shall be liberally construed and applied to promote its underlying purposes, which are to protect consumers against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty and to provide efficient and economical procedures to secure such protection.
(b)  Chapter 27, Property Code, prevails over this subchapter to the extent of any conflict.
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.  Amended by Acts 1995, 74th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.462. Listing of Business Location of Certain Businesses

Sec. 17.462.  LISTING OF BUSINESS LOCATION OF CERTAIN BUSINESSES.  (a)  A person may not misrepresent the geographical location of a business that derives 50 percent or more of its gross income from the sale or arranging for the sale of flowers or floral arrangements in the listing of the business:
(1)  in a telephone directory or other directory assistance database;
(2)  on an Internet website; or
(3)  in a print advertisement.
(b)  A person is considered to misrepresent the geographical location of a business for purposes of Subsection (a) if the name of the business indicates that the business is located in a geographical area and:
(1)  the business is not located within the geographical area indicated;
(2)  the listing fails to identify the municipality and state of the business's geographical location; and
(3)  a telephone call to the local telephone number:
(A)  listed in the directory or database routinely is forwarded or transferred to a location that is outside the calling area covered by the directory or database in which the number is listed; or
(B)  provided on the Internet website or in a print advertisement routinely is forwarded or transferred to a location that is outside the calling area of the geographical area as indicated by the name of the business.
(c)  A person may place a listing for a business described by Subsection (a) the name of which indicates that it is located in a geographical area that is different from the geographical area in which the business is located if a conspicuous notice in the listing states the municipality and state in which the business is located.
(d)  This section does not apply to:
(1)  a publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business;
(2)  an Internet website that aggregates and provides information about other businesses;
(3)  an owner or publisher of a print medium providing information about other businesses;
(4)  an Internet service provider; or
(5)  an Internet service that displays or distributes advertisements for other businesses.
(e)  This section creates no duty and imposes no obligation upon anyone other than the business that is the subject of the advertisement or listing.
(f)  A violation of this section is a false, misleading, or deceptive act or practice under this subchapter, and any public or private right or remedy prescribed by this subchapter may be used to enforce this section.
Added by Acts 2003, 78th Leg., ch. 138, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 489 (H.B. 989), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 489 (H.B. 989), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.4625. Price Gouging During Declared Disaster

Sec. 17.4625.  PRICE GOUGING DURING DECLARED DISASTER.  (a)  In this section, "designated disaster period" means the period:
(1)  beginning on the earliest of:
(A)  the date the disaster occurs; or
(B)  the date of:
(i)  the proclamation or executive order of the governor declaring the disaster; or
(ii)  the declaration of the disaster by the president of the United States, if any part of this state is named in the federally declared disaster area; and
(2)  ending on the 30th day after the date the disaster declaration expires or is terminated.
(b)  Notwithstanding any other provision of this subchapter, Section 17.46(b)(27) applies only to an act described by that subdivision that occurs during a designated disaster period in this state.
Added by Acts 2019, 86th Leg., R.S., Ch. 759 (H.B. 1152), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.463. Production, Sale, Distribution, or Promotion of Certain Synthetic Substances

Sec. 17.463.  PRODUCTION, SALE, DISTRIBUTION, OR PROMOTION OF CERTAIN SYNTHETIC SUBSTANCES.  (a)  This section applies only to an act described by Section 17.46(b)(31).
(b)  Subject to Subsection (e) and except as otherwise provided by this section, an act to which this section applies is subject to action by a district or county attorney under Sections 17.47, 17.58, 17.60, and 17.61 to the same extent as the act is subject to action by the consumer protection division under those sections.
(c)  If a district or county attorney, under the authority of this section, accepts assurance of voluntary compliance under Section 17.58, the district or county attorney must file the assurance of voluntary compliance in the district court in the county in which the alleged violator resides or does business.
(d)  If a district or county attorney, under the authority of this section, executes and serves a civil investigative demand and files a petition described by Section 17.61(g), the petition must be filed in the district court in the county where the parties reside.
(e)  A district or county attorney may act under this section so long as the consumer protection division does not intend to act with respect to that matter.  Further, consistent with Section 17.48(b) of this subchapter, the consumer protection division shall, upon request and to the extent it has the resources available, provide assistance to a district or county attorney in any action taken under this subchapter.  A district or county attorney may institute a suit described by this section on or after the 90th day after the date the attorney general receives the notice required by Section 17.48 unless before the 90th day after the date the notice is received the attorney general responds that it is actively investigating or litigating at least one of the alleged violations set forth in the notice.  The consumer protection division shall notify the district or county attorney it no longer intends to actively investigate or litigate an alleged violation within a reasonable time of such determination.
(f)  Notwithstanding any other law, in an action brought by a district or county attorney under this section, all settlements or penalties collected by the district or county attorney shall be divided between the state and the county in which the attorney brought suit, with:
(1)  50 percent of the amount collected paid to the comptroller for deposit to the credit of the basic civil legal services account established by Section 51.943, Government Code; and
(2)  50 percent of the amount collected paid to the county shall be deposited by the county in a segregated account and the funds shall be used only for law enforcement, public health programs, or drug abuse prevention programs.
Added by Acts 2017, 85th Leg., R.S., Ch. 861 (H.B. 2612), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Business and Commerce Code › Title 2 - Competition and Trade Practices › Chapter 17 - Deceptive Trade Practices › Subchapter E. Deceptive Trade Practices and Consumer Protection › Section 17.48. Duty of District and County Attorney

Sec. 17.48.  DUTY OF DISTRICT AND COUNTY ATTORNEY.  (a)  It is the duty of the district and county attorneys to lend to the consumer protection division any assistance requested in the commencement and prosecutions of action under this subchapter.
(b)  A district or county attorney, with prior written notice to the consumer protection division, may institute and prosecute actions seeking injunctive relief under this subchapter, after complying with the prior contact provisions of Subsection (a) of Section 17.47 of this subchapter.  On request, the consumer protection division shall assist the district or county attorney in any action taken under this subchapter.  If an action is prosecuted by a district or county attorney alone, he shall make a full report to the consumer protection division including the final disposition of the matter.  No district or county attorney may bring an action under this section against any licensed insurer or licensed insurance agent transacting business under the authority and jurisdiction of the State Board of Insurance unless first requested in writing to do so by the State Board of Insurance, the commissioner of insurance, or the consumer protection division pursuant to a request by the State Board of Insurance or commissioner of insurance.
(c)  In an action prosecuted by a district or county attorney under this subchapter for a violation of Section 17.46(b)(28), three-fourths of any civil penalty awarded by a court must be paid to the county where the court is located.
(d)  A district or county attorney is not required to obtain the permission of the consumer protection division to prosecute an action under this subchapter for a violation of Section 17.46(b)(28), if the district or county attorney provides prior written notice to the division as required by Subsection (b).
Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. May 21, 1973.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1080 (H.B. 2573), Sec. 2, eff. September 1, 2015.