Sec. 16.060. RECORD AND PROOF OF REGISTRATION. (a) The secretary of state shall keep for public examination a record of all:
(1) marks registered or renewed under this chapter;
(2) assignments recorded under Section 16.061; and
(3) other instruments recorded under Section 16.062.
(b) Registration of a mark under this chapter is constructive notice throughout this state of the registrant's claim of ownership of the mark throughout this state.
(c) A certificate of registration issued by the secretary of state under this chapter, or a copy of it certified by the secretary of state, is admissible in evidence as prima facie proof of:
(1) the validity of the registration;
(2) the registrant's ownership of the mark; and
(3) the registrant's exclusive right to use the mark in commerce in this state in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated in the certificate.
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