When Mark Considered To Be In Use

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. 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.