reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter C - SUBMISSION REQUIREMENTS › Section 93.21 - Date of Receipt

Current through Reg. 49, No. 28; July 12, 2024
(a) An application
				  accompanied by the appropriate fee for at least one class of goods and/or
				  services will be given a date of receipt for purposes of processing by the
				  Secretary of State. The application will be held pending final determination of
				  the mark's registrability by an examiner.
(b) An application delivered without the
				  appropriate fee for at least one class of goods and/or services will not be
				  accorded a date of receipt for purposes of processing and will be returned to
				  sender.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter C - SUBMISSION REQUIREMENTS › Section 93.22 - Papers Not Returnable

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants
				  should not include confidential information with an application. Any documents
				  containing confidential information will be returned to the sender prior to
				  filing.
(b) After an application is
				  filed the papers will not be returned for any purpose. The Secretary of State
				  will furnish copies to the applicant upon request and payment of the copy
				  cost.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter C - SUBMISSION REQUIREMENTS › Section 93.23 - Application To Be Clear and Legible

Current through Reg. 49, No. 28; July 12, 2024
All documents must be clear and legible, written with black
					 ink on white paper, so that a clear electronic image may be made. The
					 application should be written on only one side of the paper.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter C - SUBMISSION REQUIREMENTS › Section 93.24 - Requirements for Receiving a Registration Date

Current through Reg. 49, No. 28; July 12, 2024
A mark registrable under §16.051 of the Business &
					 Commerce Code will receive a registration date only if each of the following
					 items is received and found to comply with the requirements of the Code and
					 this chapter:
(1) written application
				  for registration that complies with Subchapter D of this chapter (relating to
				  the Written Application);
(2) a
				  drawing of the mark that complies with Subchapter E of this chapter (relating
				  to Drawing);
(3) at least three
				  specimens of the mark as actually used, that comply with Subchapter F of this
				  chapter (relating to Specimens), including at least one specimen per class;
				  and
(4) the application fee for
				  each class of goods and/or services, as required by §
										RSA 93.151 of
				  this title (relating to Recordation Fees).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.31 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  application must be in English, subject to the provisions of §
										RSA 93.35 of
				  this title (relating to Description of Mark). Use of the application form
				  promulgated by the Secretary of State is recommended, but not mandatory, for an
				  applicant seeking to register a mark in two or fewer classes.
(b) The application must include:
(1) the name and business address of the
				  applicant;
(2) if the applicant is
				  a corporation or LLC, the state under whose laws the applicant was incorporated
				  or organized;
(3) if the applicant
				  is a general or limited partnership, the state under whose laws the partnership
				  was organized and the names of the general partners;
(4) the names or a description of the goods
				  and/or services on or in connection with which the mark is being
				  used;
(5) the mode or manner in
				  which the mark is being used on or in connection with the goods and/or
				  services;
(6) the class to which
				  the goods and/or services belong;
(7) the date the applicant or applicant's
				  predecessor in interest first used the mark anywhere;
(8) the date the applicant or the applicant's
				  predecessor in interest first used the mark in this state;
(9) a statement that the applicant is the
				  owner of the mark, the mark is in use and, to the best of applicant's
				  knowledge, no other person has registered the mark, either federally or in this
				  state, no other person is entitled to use the mark in this state in the
				  identical form used by applicant, or in a form that is likely, when used in
				  connection with the goods and/or services, to cause confusion or mistake, or to
				  deceive, because of its resemblance to the mark used by the applicant;
				  and
(10) a statement as to whether
				  the applicant or the applicant's predecessor in interest has filed an
				  application to register the mark, or a portion or composite of the mark, with
				  the United States Patent and Trademark Office, and, if so, the applicant shall
				  fully disclose information with respect to that filing, including the filing
				  date and serial number of each application, the status of the filing, and if
				  any application was finally refused registration or has not otherwise resulted
				  in the issuance of a registration, the reasons for the refusal or
				  nonissuance.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.32 - Supplemental Application Requirements for Applicants Seeking to Register a Mark in Two or More Classes

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
				  seeking to register a mark in two or more classes must comply with §
										RSA
				  93.31 of this title (relating to Application
				  Requirements). Additionally, the applicant must:
(1) clearly and concisely describe the goods
				  and/or services, in each class, on or in connection with which the mark is
				  being used by the applicant at the time of submission of the
				  application;
(2) include the dates
				  of use and specimen of use appropriate to each class; and
(3) submit an application fee for each class
				  pursuant to §
											RSA 93.151 of
				  this title (relating to Recordation Fees).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.33 - Execution Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  application must indicate the date of execution and be signed and verified by
				  the oath or affirmation of an authorized person.
(1) The verification shall substantially
				  comply with the following:
Attached
					 Graphic
(2) In
				  lieu of a verification, the application may include a declaration by an
				  authorized person that complies with §132.001 of the Civil Practice &
				  Remedies Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.34 - Description of Goods and/or Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The application must clearly and concisely identify the goods and/or services
				  on or in connection with which the applicant uses the mark in
				  commerce.
(b) The description of
				  goods and/or services must use common or generic terms or phrases to describe
				  applicant's goods and/or services. Do not include highly technical language or
				  a reference to a federally or state registered mark.
(c) Each description of goods and/or services
				  must be limited to a single class. If the applicant seeks to register a mark in
				  multiple classes, the application must include a separate description of goods
				  and/or services for each class.
(d)
				  An application that contains a description of goods and/or services that is
				  broad or ambiguous enough to fall into more than one class will be rejected.
				  The applicant will be required to more narrowly specify the goods and/or
				  services in connection with which the mark is being used. For example,
				  "publication" is not an acceptable description of goods and/or services because
				  it is not specific enough to identify the goods and/or services with which the
				  mark is being used, e.g., downloadable publications (Class 09), educational
				  publications (Class 16), online publications (Class 41).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.35 - Description of Mark

Current through Reg. 49, No. 28; July 12, 2024
(a) The description
				  should clearly and accurately describe all significant aspects of the mark,
				  including both word and design elements. An element of a mark is considered
				  significant if its addition or deletion would affect the overall commercial
				  impression of the mark.
(b) The
				  description of the mark should not mention colors unless applicant is making a
				  color claim. If color is claimed as a feature of the mark, the description must
				  comply with §
										RSA 93.36 of
				  this title (relating to Color in the Mark).
(c) If the mark includes non-English wording,
				  the description of the mark must include an English translation of that
				  wording.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.36 - Color in the Mark

Current through Reg. 49, No. 28; July 12, 2024
(a) If the mark
				  includes color, the description of the mark must claim color as a feature of
				  the mark and include a color location statement specifying where the color(s)
				  appear on the mark. The color(s) should be described in generic terms rather
				  than by reference to a commercial color identification system.
(1) A properly worded color claim would read
				  as follows: "The color(s) {name the color(s)} is/are claimed as a feature of
				  the mark."
(2) A properly worded
				  color location statement would read as follows: "The mark consists of {specify
				  the color(s) and literal or design element(s) on which the color(s) appear
				  (e.g., a red balloon with a yellow ribbon)."}
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.37 - Identification of Prior Applications or Registrations with the United States Patent and Trademark Office

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  applicant must disclose any prior applications for registration of the mark, or
				  a portion of the mark, with the United States Patent and Trademark Office
				  (USPTO). If any prior applications for registration have been made by the
				  applicant or applicant's predecessor, the applicant must provide the following
				  information to the Secretary of State:
(1)
				  the filing date and serial number of each application;
(2) the status of any filing; and
(3) if any application was finally refused
				  registration or has not otherwise resulted in the issuance of a registration,
				  the reasons for the refusal or nonissuance.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.38 - Use by Predecessor or by Related Companies

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant may assert a date of first
				  use by a predecessor in title, or by a related company, if the use operates to
				  benefit the applicant. The application must include a statement that the first
				  use was by the predecessor in title or by the related company.
(b) If the applicant is not using the mark,
				  but one or more related companies are using the mark, and their use operates to
				  benefit the applicant, the application must indicate this fact.
(c) The trademark examiner may inquire into
				  the relationship and may require appropriate evidence showing that the use by
				  related companies operates to benefit the applicant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.39 - Proof of Distinctiveness

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant may seek registration of a mark, otherwise unregistrable by reason of
				  §16.051(a)(5)(A), (B), or (6) of the Business & Commerce Code, which
				  the applicant believes has become distinctive as applied to the applicant's
				  goods and/or services. To support the claim of distinctiveness the applicant
				  may submit:
(1) evidence of prior
				  registrations with the Secretary of State of the same or similar marks owned by
				  the applicant or applicant's predecessor in interest;
(2) actual evidence of acquired
				  distinctiveness; or
(3) a sworn
				  statement of the applicant's substantially exclusive and continuous use of the
				  mark for the five years preceding the date on which the applicant filed its
				  application for registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter D - THE WRITTEN APPLICATION › Section 93.40 - Olympic Symbols

Current through Reg. 49, No. 28; July 12, 2024
(a) An application for
				  registration of a mark that uses a symbol, emblem, trademark, trade name, or
				  insignia of the International Olympic Committee or the United States Olympic
				  Committee; or which consists of or includes the words, "Olympic," "Olympiad,"
				  or "Citius Altius Fortius," or a combination or simulation of those words must
				  be accompanied by a letter from the United States Olympic Committee consenting
				  to its use as a trademark or service mark and its registration as a trademark
				  or service mark.
(b) Written
				  consent from the United States Olympic Committee for the registration of the
				  mark is not determinative of the issue of registrability under the provisions
				  of §16.051 of the Business & Commerce Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter E - DRAWING › Section 93.51 - Drawing Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The drawing
				  depicts the mark sought to be registered and will be used to reproduce the mark
				  on the registration certificate. The drawing shall be a substantially exact
				  representation of the mark as actually used on or in connection with the goods
				  and/or services.
(b) The drawing
				  must be clear and legible and presented on white paper, so that a clear
				  electronic image may be made. An electronic reproduction of the mark will
				  suffice as the drawing, as long as it meets the requirements of this section
				  and §
										RSA
				  93.52 of this title (relating to Requirements
				  for a Drawing).
(c) The drawing
				  sheet should be no larger than 8 1/2 inches by 11 inches. The actual drawing of
				  the mark must be no larger than 3.15 inches (8 cm) high by 3.15 inches (8 cm)
				  wide.
(d) The drawing must depict
				  only one mark and should be limited to the mark sought to be registered. Matter
				  appearing on the specimens that is not part of the mark should not be placed on
				  the drawing sheet. Purely informational matter such as package contents,
				  contact information, and organizational identifiers are generally not
				  considered part of the mark.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter E - DRAWING › Section 93.52 - Requirements for a Drawing

Current through Reg. 49, No. 28; July 12, 2024
(a)
Marks
				  that include standard characters:
For purposes of this chapter, a
				  "standard character" shall be words, letters, numbers, or any combination
				  thereof without claim to any particular font, style, or color.
(1) If the mark sought to be registered
				  consists of standard characters, those characters shall be typed in capital
				  letters with black ink.
(2) When a
				  mark includes standard characters, those characters shown in the drawing do not
				  have to appear in the exact same font, style, or color as the specimen of use.
				  However, the Secretary of State will review the mark depicted on the specimen
				  to determine whether the characters are so distinctive as to change the overall
				  commercial impression of the mark.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter F - SPECIMENS › Section 93.61 - Inclusion in Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  application must include at least three specimens or examples of use of the
				  mark, including at least one specimen per class in which registration is
				  sought. The specimen must show the mark as it is used on or in connection with
				  the goods and/or services in Texas.
(b) If a specimen supports multiple classes,
				  the applicant should indicate which classes are supported by the
				  specimen.
(c) A specimen which is
				  merely a printer's proof or reproduction of the drawing submitted to comply
				  with §
										RSA 93.51 of
				  this title (relating to Drawing Required) will not be considered to be a
				  specimen of the mark in use.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter F - SPECIMENS › Section 93.62 - Requirements for a Specimen

Current through Reg. 49, No. 28; July 12, 2024
(a)
Marks
				  that include color:
If a color is claimed as a feature of the mark
				  pursuant to §
										RSA 93.36 of
				  this title (relating to Color in the Mark), at least one specimen in each class
				  in which registration of the mark is sought must be in color and the location
				  of the colors must match the colors as described in the color location
				  statement.
(b)
Trademark
				  specimens:
An appropriate specimen for a trademark may include labels,
				  tags, containers, or displays associated with the goods. In the case of goods
				  for which the mark is applied by means of stamp impression or stencil, the
				  specimen may be a representation or impression of the stamp or stencil on a
				  piece of paper. If the nature of the goods makes placement of the mark on the
				  goods impracticable, documents associated with the goods or sale of the goods
				  may be submitted.
(c)
Service mark specimens:
An appropriate specimen for a service
				  mark shall show the mark as actually used in the sale or advertising of the
				  services. In the case of service marks not used in printed or written form, the
				  Secretary of State may accept audio or video recordings in CD or DVD format, if
				  accompanied by a written transcript of the contents.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter F - SPECIMENS › Section 93.63 - Photographs as Specimens

Current through Reg. 49, No. 28; July 12, 2024
When the manner of use of a mark prevents the applicant
					 from providing actual specimens, the applicant may provide a suitable
					 photograph. The photograph should be no larger than 8 1/2 inches by 11 inches.
					 The photograph should clearly show the mark and the item on which it is used.
					 Matte finish photographs are most suitable for creating an electronic
					 image.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter G - CLASSIFICATION › Section 93.72 - Identification of Goods and/or Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The application must identify the goods and/or services in connection with
				  which the mark is being used. A single class application may state that the
				  mark is in use with any number of goods and/or services contained within one
				  class. If the goods and/or services identified on the application fall within
				  two or more classes, the application must comply with §
										RSA
				  93.32 of this title (relating to Supplemental
				  Application Requirements for Applicants Seeking to Register a Mark in Two or
				  More Classes).
(b) Classification
				  is the basis for determining the fees that must be paid. If the application
				  sets forth goods and/or services in more than one class and submits
				  insufficient fees to cover all the classes, the applicant must either amend the
				  application to restrict the goods and/or services to the number of classes for
				  which the fee has been paid, or submit additional payment to cover each class
				  set forth in the identification of goods and/or services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.81 - Action by Examiner

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receiving
				  an application for registration and payment of the application fee for at least
				  one class, a trademark examiner will examine an application for
				  registration.
(b) Applications will
				  be examined in the order in which they are received, including applications
				  concurrently processed for registration of the same or confusingly similar
				  marks used in connection with the same or similar goods and/or
				  services.
(c) The applicant will be
				  notified in writing of any formal requirements or objections to the application
				  for registration.
(d) An examiner
				  may require the applicant to furnish any information and exhibits reasonably
				  necessary to the proper examination of the application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.82 - Concurrent Applications for Same or Similar Mark

Current through Reg. 49, No. 28; July 12, 2024
(a) When concurrently processing applications
				  for marks that are likely to cause confusion or mistake, when applied to the
				  applicant's goods and/or services, the Secretary of State will give priority to
				  the application with the earliest date of receipt, as determined by §
										RSA 93.21 of this
				  title (relating to Date of Receipt). Applications for the same or similar mark
				  that have a later date of receipt will be cited to the conflicting pending
				  application. The application will be held pending until the Secretary of State
				  makes a final determination regarding the registration of the prior received
				  application.
(b) When applications
				  have the same date of receipt, pursuant to §
										RSA 93.21 of this
				  title, the application with the later date of execution will be held pending a
				  final determination of the application with the earlier date of execution. An
				  application that does not specify a date of execution will be presumed to have
				  been executed no earlier than:
(1) its
				  postmark date, if mailed; or
(2)
				  its date of receipt, if delivered by other means.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.83 - Period for Response

Current through Reg. 49, No. 28; July 12, 2024
A written response must be received by the Secretary of
					 State within 90 days from the date of mailing of any action by an examiner. The
					 response may be made with or without amendment and include proper action by the
					 applicant as the nature of the action and the case may
					 require.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.84 - Suspension of Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Action may be taken
				  by the Secretary of State to suspend a pending application for good and
				  sufficient cause, including a pending proceeding before the United States
				  Patent and Trademark Office (USPTO) or a court which is relevant to the issue
				  of registrability of the applicant's mark. An application suspended by the
				  Secretary of State will be reviewed for any substantive defects and then
				  suspended for a reasonable amount of time, but not longer than six months. The
				  applicant will be notified in writing of the reason for the suspension. The
				  Secretary may suspend the application for additional six-month periods by
				  notifying the applicant in writing.
(b) On written request of the applicant, the
				  Secretary of State may suspend action for a period of up to six months, if a
				  proceeding is pending before the USPTO or a court which is relevant to the
				  issue of registrability of the applicant's mark. An applicant's written request
				  for a suspension of action under this section filed within the 90-day response
				  period may be considered responsive to an examiner's action.
(c) The request should include the following
				  information:
(1) an identification of the
				  application;
(2) a statement that
				  the applicant requests suspension of the trademark examination
				  process;
(3) an identification of
				  the pending proceeding including the name of the court, file name, and cause
				  number; and
(4) a brief statement
				  of the relevance of the pending proceeding to the application before the
				  trademark examiner.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.85 - Third Party Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  otherwise provided in subsection (b) of this section, action of the Secretary
				  of State will be based upon the written record developed by the applicant and
				  the trademark examiner. Communications from third parties in opposition to the
				  registration of a pending application which are adversarial in nature are
				  inappropriate and will not be considered part of the record by the trademark
				  examiner. Objections to registration of this nature should be resolved
				  judicially pursuant to §16.104, Business & Commerce Code.
(b) Communication from a third party which
				  brings to the attention of the Secretary of State facts or information bearing
				  upon the registrability of the mark because of the generic or descriptive
				  nature of the mark may be made part of the record for consideration along with
				  all other facts available to the examiner. Before any of the factual
				  information can be made part of the record, the communication must be in
				  writing and contain proof and support of the information provided.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.86 - Final Action

Current through Reg. 49, No. 28; July 12, 2024
When a refusal of registration is stated to be a final
					 action, the applicant's response is limited to bringing an action to compel
					 registration pursuant to the Business & Commerce Code,
					 §16.106.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.87 - Abandonment

Current through Reg. 49, No. 28; July 12, 2024
If within 90 days of the date of mailing of an action by an
					 examiner, an applicant fails to respond or fails to respond completely, the
					 application will be deemed abandoned. After an application has been abandoned,
					 the applicant may submit a new application and fee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.88 - Express Abandonment

Current through Reg. 49, No. 28; July 12, 2024
An applicant may expressly abandon an application during
					 the course of the examination process by executing and submitting a written
					 abandonment with the Secretary of State.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter H - EXAMINATION OF AN APPLICATION AND ACTION BY APPLICANT › Section 93.89 - Judicial Review of Final Action of the Secretary of State

Current through Reg. 49, No. 28; July 12, 2024
(a) A final action or final decision of the
				  Secretary of State may be judicially reviewed pursuant to §16.057 of the
				  Business & Commerce Code. An applicant or registrant may seek judicial
				  review of the refusal of the Secretary of State to register a trademark or
				  renew the registration of a trademark by seeking a writ of mandamus in a
				  district court of Travis County, pursuant to §16.106 of the Business &
				  Commerce Code.
(b) A person seeking
				  cancellation of a trademark registered by the Secretary of State may bring suit
				  in a district court in Travis County to cancel the registration pursuant to
				  §16.106 of the Business & Commerce Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter I - AMENDMENTS › Section 93.91 - Amendments to Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant
				  may amend the application, as required, to correct informalities, to avoid
				  objections, or at the request of the Secretary of State.
(b) The identification of goods and/or
				  services may be amended to clarify or limit, but not to broaden, the stated
				  goods and/or services.
(c) If the
				  verification or declaration is executed by the wrong party, the applicant may
				  submit a substitute verification or declaration.
(d) The dates of use may be amended, provided
				  that the applicant does not amend the application to include a date of use that
				  is subsequent to the date of receipt of the application.
(e) The name of the applicant may be amended
				  if incorrectly stated in the application, but the application may not be
				  amended to include a different applicant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter I - AMENDMENTS › Section 93.92 - Amendments to Description or Drawing

Current through Reg. 49, No. 28; July 12, 2024
The trademark examiner will permit amendments to the
					 description or drawing of the mark only if warranted by the specimens or
					 facsimiles as originally filed. Amendments to the description or drawing
					 supported by additional specimens may require an additional statement signed by
					 the applicant alleging that the mark shown in the amended drawing was in actual
					 use prior to the date of receipt of the application.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter I - AMENDMENTS › Section 93.93 - Form of Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) In every
				  amendment the applicant must indicate the exact word or words to be stricken
				  from or inserted in the application. The applicant must indicate precisely
				  where the insertion or deletion is to occur. Additions or insertions on the
				  application must be made by the applicant, applicant's agent, or
				  attorney.
(b) An examiner may
				  require the applicant to rewrite the entire application if the number or nature
				  of amendments makes it difficult to consider the application. The examiner also
				  may require the entire application to be rewritten to clarify the
				  record.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter I - AMENDMENTS › Section 93.94 - Disclaimer by Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) An examiner
				  may require a disclaimer of any unregistrable component (such as descriptive
				  words, abbreviations, names, symbols, terms, slogans, or elements) of a mark
				  otherwise registrable.
(b) An
				  applicant may voluntarily disclaim a component of a mark sought to be
				  registered.
(c) An applicant's
				  failure to comply with a request for disclaimer is sufficient basis for a final
				  action denying registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter J - ALLOWANCE OF REGISTRATION › Section 93.101 - Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) If an examiner determines that all
				  requirements have been met and the application is in condition for
				  registration, the examiner will issue a certificate of registration to the
				  applicant. The applicant will only receive a file-stamped copy of the
				  application if the application, and all supporting material, were submitted in
				  duplicate.
(b) The date of filing
				  will be the date of receipt for examination, or the date of last receipt for
				  reexamination. The date of filing may not be a date before the date on which
				  the application is found to conform to law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter J - ALLOWANCE OF REGISTRATION › Section 93.102 - Certificate

Current through Reg. 49, No. 28; July 12, 2024
When an application has been found to comply with Chapter
					 16 of the Business & Commerce Code, a certificate will be issued. The
					 certificate will be under the signature and official seal of the Secretary of
					 State and will include:
(1) the name
				  and business address of the person claiming ownership of the mark;
(2) the applicant's organizational form and
				  state of formation, if applicant is organized as an entity;
(3) the names of the general partners, if
				  applicant is organized as a partnership;
(4) a description of any word element of the
				  mark;
(5) a color claim and color
				  location statement, if any;
(6) a
				  description of the goods and/or services on or in connection with which the
				  mark is being used;
(7) a statement
				  of each class of goods and/or services in which the mark is
				  registered;
(8) for each class, the
				  date claimed for the first use of the mark anywhere;
(9) for each class, the date claimed for the
				  first use of the mark in Texas;
(10) a black and white reproduction of the
				  mark;
(11) the registration date;
				  and
(12) the term of the
				  registration.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter K - CORRECTIONS › Section 93.111 - Correction of Mistake by Owner

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  registrant incorrectly sets forth its name, business address, organizational
				  structure, state of organization, or name of general partners in the original
				  application for registration or application for renewal of registration, the
				  registrant may provide evidence of such mistake or error in execution and
				  request that the record regarding the registered trademark be corrected. If the
				  Secretary of State determines that the proposed correction is not a change in
				  the identity or organizational form of the registrant or a change of ownership,
				  but is merely a correction of a drafting error by the registrant, the Secretary
				  may file the request and update its computer records accordingly.
(b) The Secretary of State records may be
				  corrected to change the identification of goods and/or services relating to an
				  active trademark or service mark registration to delete from that
				  identification the registered word mark of another party. The notice of
				  correction must be signed by the registrant and must set forth the following
				  information:
(1) the name and address of the
				  registrant;
(2) an identification
				  of the trademark and its certificate of registration number;
(3) the term(s) to be deleted from the
				  identification of goods and/or services; and
(4) the generic term(s) or phrase to be used
				  in place of the deleted term(s). Upon receipt of the notice of correction, the
				  Secretary of State will file the notice and place the notice on record, update
				  its computer records accordingly, and send a letter of acknowledgment to the
				  registrant. A duplicate "file stamped" copy of the notice of correction will
				  accompany the letter of acknowledgment, provided that a duplicate copy of the
				  notice is provided for such purpose.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter K - CORRECTIONS › Section 93.112 - Change of Address

Current through Reg. 49, No. 28; July 12, 2024
Upon written notification by the registrant, the Secretary
					 of State shall change a registrant's business address. Upon submitting the
					 notice of an address change, the registrant may request a new certificate of
					 registration pursuant to §
										RSA
					 93.113 of this title (relating to Issuance of
					 a Corrected Certificate).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter K - CORRECTIONS › Section 93.113 - Issuance of a Corrected Certificate

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  registrant, or registrant's authorized representative, may request a corrected
				  certificate of registration by submitting the following to the Secretary of
				  State:
(1) the required fee; and
(2) its original certificate of registration;
				  or
(3) a statement that the
				  certificate of registration has been lost, misplaced, or destroyed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter K - CORRECTIONS › Section 93.114 - Correction of Office Mistake

Current through Reg. 49, No. 28; July 12, 2024
If the Secretary of State makes a material mistake when
					 recording pertinent information about a registration, the Secretary, upon
					 receiving notice of the mistake, will update the computer records accordingly.
					 In its discretion, the Secretary may also issue a new certificate of
					 registration without charge.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter K - CORRECTIONS › Section 93.115 - Transfer of Ownership or Change of Name

Current through Reg. 49, No. 28; July 12, 2024
(a) In the case of a transfer of ownership or
				  a change of name of the registrant which does not constitute an assignment, a
				  new certificate of registration for the remainder of the unexpired term of a
				  mark's registration may, upon request, be issued in the new name or in the name
				  of the transferee, if the instrument evidencing the transfer of ownership or
				  change of name has been recorded pursuant to §16.062, Business &
				  Commerce Code.
(b) A request for a
				  new certificate under this section must comply with §
										RSA
				  93.113 of this title (relating to Issuance of
				  a Corrected Certificate) and must be signed by the registrant or transferee or
				  an agent of the registrant or transferee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter L - TERM AND RENEWAL › Section 93.121 - Term of Registrations and Renewals

Current through Reg. 49, No. 28; July 12, 2024
Unless cancelled in accordance with the Business &
					 Commerce Code, Chapter 16, or these sections, a registration remains in force
					 for five years, and may be renewed for additional terms of five
					 years.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter L - TERM AND RENEWAL › Section 93.122 - Renewal Period

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered mark
				  may be renewed during the six months immediately preceding the expiration date
				  of the current registration.
(b) An
				  application for renewal may only be submitted during the renewal period. An
				  application for renewal submitted before the renewal period begins or after the
				  current term of registration of the mark expires will be rejected.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter L - TERM AND RENEWAL › Section 93.123 - Requirements of Application for Renewal

Current through Reg. 49, No. 28; July 12, 2024
An application for renewal of registration must include the
					 following items:
(1) a verified
				  statement setting forth the goods and/or services recited in the current
				  registration on or in connection with which the mark is still in use in Texas.
				  If the renewal application covers less than all the goods and/or services in
				  the current registration, a list of the particular goods and/or services to be
				  renewed;
(2) at least one specimen
				  of the mark, per class, as actually used; and
(3) the renewal fee for each class of goods
				  and/or services, as required by §
										RSA 93.151 of
				  this title (relating to Recordation Fees).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter L - TERM AND RENEWAL › Section 93.124 - Refusal of Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) If the application
				  for renewal is incomplete or defective, the renewal will be refused. The
				  application may be completed or amended in response to a refusal.
(b) If the application for renewal is
				  refused, the response to an action by the examiner must be received within 90
				  days from the date of mailing of an action by the examiner and before the
				  registration expires. If the renewal cannot be filed before the registration
				  expires, a new registration must be made.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter M - ASSIGNMENT OF MARKS AND RECORDATION OF OTHER INSTRUMENTS › Section 93.131 - Requirements for Assignments

Current through Reg. 49, No. 28; July 12, 2024
(a) Assignments
				  of registered marks may be recorded with the Secretary of State. An assignment
				  may be recorded if it meets the following requirements:
(1) it is a written instrument executed by
				  the registrant (assignor);
(2) it
				  identifies the certificate of registration by registration number and date of
				  registration (this information may be submitted as a separate statement if it
				  is not contained within the assignment document);
(3) it is in English or, if not in English,
				  it is accompanied by a translation signed by the translator; and
(4) it contains the name and address of the
				  assignee (this information may be submitted as a separate statement if it is
				  not contained within the assignment document).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter M - ASSIGNMENT OF MARKS AND RECORDATION OF OTHER INSTRUMENTS › Section 93.132 - Requirements for Recordation of Other Instruments

Current through Reg. 49, No. 28; July 12, 2024
(a) An instrument relating to the transfer of
				  ownership of a mark or pending application (such as a certificate of merger or
				  conversion) or a document effecting a name change (other than a change of
				  entity) may be recorded with the Secretary of State. Each document may be
				  recorded if it meets the following requirements:
(1) it is an instrument authorized by law to
				  be recorded or filed and in fact is recorded or filed in a public office and
				  the copy of the instrument is certified by the appropriate official or
				  authority;
(2) the instrument is
				  not authorized by law to be recorded or filed, but is the type of instrument
				  which would be recorded and filed in the records of the Secretary of State if
				  the business entity were a corporation;
(3) the certified copy of the instrument is
				  in English or, if not in English, it is accompanied by a translation signed by
				  the translator; and
(4) the
				  certified copy is accompanied by a cover sheet, signed by the registrant or
				  transferee or an agent of the registrant or transferee, which includes the
				  following information:
(A) an identification
				  of the mark, including the certificate of registration number and date of
				  registration;
(B) the name of the
				  registrant/transferor conveying the interest and the name and address of the
				  transferee receiving the interest; and
(C) a concise description of the transaction
				  being recorded.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter N - CANCELLATION OF REGISTRATION › Section 93.141 - Voluntary Cancellation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Secretary
				  of State may cancel a registration upon receipt of a sworn request in writing
				  for cancellation executed by the registrant or registrant's assignee of record.
				  The request must include the following:
(1)
				  the mark to be cancelled, registration number, and date registered;
(2) the name and address of the registrant;
				  and
(3) a statement as to the
				  classes sought to be cancelled, or if registrant seeks to cancel the
				  registration in its entirety, a statement to that effect.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 93 - TRADEMARKS › Subchapter N - CANCELLATION OF REGISTRATION › Section 93.142 - Administrative Cancellation

Current through Reg. 49, No. 28; July 12, 2024
(a) The Secretary
				  of State shall cancel a registration upon:
(1) finding that the registration was granted
				  under Chapter 16 and was not renewed under Business & Commerce Code,
				  §16.059;
(2) receipt of a
				  request for a cancellation of a mark in its entirety, pursuant to §
											RSA 93.141
				  of this title (relating to Voluntary Cancellation); or
(3) receipt of a cancellation pursuant to
				  §
											RSA 93.143
				  of this title (relating to Judicial Cancellation).