Sec. 16.056. CONCURRENT APPLICATIONS FOR SAME OR SIMILAR MARK. (a) When concurrently processing applications for the same or confusingly similar marks used on or in connection with the same or related goods or services, the secretary of state shall grant priority to the application that was filed first. If a prior filed application is granted a registration, the secretary of state shall reject any other subsequently filed application.
(b) An applicant whose application is rejected under this section may bring an action in accordance with Section 16.106 for cancellation of the previously issued registration on the ground that the applicant has a prior or superior right to the mark.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Structure Texas Statutes
Title 2 - Competition and Trade Practices
Subchapter B. Registration of Mark
Section 16.051. Registrable Marks
Section 16.052. Application for Registration
Section 16.053. Filing of Application; Examination
Section 16.054. Amendment to Application
Section 16.055. Disclaimer of Unregistrable Component
Section 16.056. Concurrent Applications for Same or Similar Mark
Section 16.057. Denial of Registration; Notice
Section 16.058. Certificate of Registration
Section 16.059. Term and Renewal of Registration
Section 16.060. Record and Proof of Registration
Section 16.061. Assignment of Mark and Registration
Section 16.062. Recording of Other Instruments
Section 16.063. Change of Registrant's Name
Section 16.064. Cancellation of Registration