Sec. 16.004. WHEN MARK CONSIDERED TO BE ABANDONED  


Latest version.
  • (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.

Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 , Sec. 1, eff. September 1, 2012.