Texas § 16.003 WHEN MARK CONSIDERED TO BE IN USE.

Texas Statutes

§ 16.003 — WHEN MARK CONSIDERED TO BE IN USE.

Texas § 16.003

Code BCBusiness & Commerce Code

This text of Texas § 16.003 (WHEN MARK CONSIDERED TO BE IN USE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Business & Commerce Code Code Ann. § 16.003 (2026).

Text

Sec. 16.003. WHEN MARK CONSIDERED TO BE IN USE.

(a)A mark is considered to be in use in this state in connection with goods when:

(1)the mark is placed in any manner on:

(A)the goods;

(B)containers of the goods;

(C)displays associated with the goods;

(D)tags or labels affixed to the goods; or

(E)documents associated with the goods or sale of the goods, if the nature of the goods makes placement described by Paragraphs (A) through (D) impracticable; and

(2)the goods are sold or transported in commerce in this state.

(b)A mark is considered to be in use in this state in connection with services when:

(1)the mark is used or displayed in this state in connection with selling or advertising the services; and

(2)the services are rendered in this state.

(c)Use of a mark made merely to

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Sec. 16.003. WHEN MARK CONSIDERED TO BE IN USE. (a) A mark is considered to be in use in this state in connection with goods when:
(1) the mark is placed in any manner on:
(A) the goods;
(B) containers of the goods;
(C) displays associated with the goods;
(D) tags or labels affixed to the goods; or
(E) documents associated with the goods or sale of the goods, if the nature of the goods makes placement described by Paragraphs (A) through (D) impracticable; and
(2) the goods are sold or transported in commerce in this state.
(b) A mark is considered to be in use in this state in connection with services when:
(1) the mark is used or displayed in this state in connection with selling or advertising the services; and
(2) the services are rendered in this state.
(c) Use of a mark made merely to reserve a right in the mark is not considered to be a bona fide use of a mark for purposes of this chapter.

Legislative History

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. 2, eff. September 1, 2013.