Sec. 16.107. COMMON LAW RIGHTS NOT AFFECTED. No registration under this chapter adversely affects common law rights acquired prior to registration under this chapter. However, during any period when the registration of a mark under this chapter is in force and the registrant has not abandoned the mark, no common law rights as against the registrant of the mark may be acquired.
Added by Acts 1997, 75th Leg., ch. 248, Sec. 2, eff. Sept. 1, 1997.
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
Section 16.101. Fraudulent Registration
Section 16.102. Infringement of Registered Mark
Section 16.103. Injury to Business Reputation; Dilution
Section 16.105. Olympic Symbols
Section 16.106. Forum for Actions Regarding Registration; Service on Out-of-State Registrants