This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:35 GMT
(a) The Secretary of State is not a necessary party to any action or proceeding for the cancellation of a trademark registered by the Secretary of State. The Secretary of State will cancel a trademark registration upon receipt of a certified copy of a final judgment brought by a district or appellate court or other court of competent jurisdiction canceling the trademark or finding that:(1) the registered mark has been abandoned;(2) the registrant is not the owner of the mark;(3) the registration was granted improperly;(4) the registration was obtained fraudulently;(5) the registered mark is or has become the generic name for the goods and/or services, or part of the goods and/or services, in connection with which the mark was registered; or(6) the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark that:(A) is registered by another person in the United States Patent and Trademark Office before the date the application for registration was filed under Chapter 16 of the Business & Commerce Code; and(B) is not abandoned.(b) There is no fee for the filing of a judicial cancellation of a trademark registration.