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Tex. Bus. & Com. Code § 16.004

WHEN MARK CONSIDERED TO BE ABANDONED

Amended by: Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.