Texas § 16.004 WHEN MARK CONSIDERED TO BE ABANDONED.

Texas Statutes

§ 16.004 — WHEN MARK CONSIDERED TO BE ABANDONED.

Texas § 16.004

Code BCBusiness & Commerce Code

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Bluebook

Tex. Business & Commerce Code Code Ann. § 16.004 (2026).

Text

Sec. 16.004. WHEN MARK CONSIDERED TO BE ABANDONED.

(a)A mark is considered to be abandoned when:

(1)the mark's use has been discontinued with intent not to resume the use; or

(2)the owner's conduct, including an omission or commission of an act, causes the mark to lose its significance as a mark.

(b)Intent not to resume use of a mark under Subsection (a)(1) may be inferred from the circumstances.

(c)Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark's abandonment. SUBCHAPTER B. REGISTRATION OF MARK

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Sec. 16.004. WHEN MARK CONSIDERED TO BE ABANDONED. (a) A mark is considered to be abandoned when:
(1) the mark's use has been discontinued with intent not to resume the use; or
(2) the owner's conduct, including an omission or commission of an act, causes the mark to lose its significance as a mark.
(b) Intent not to resume use of a mark under Subsection (a)(1) may be inferred from the circumstances.
(c) Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark's abandonment.
SUBCHAPTER B. REGISTRATION OF MARK