| 1 | 1 | | By: Carona S.B. No. 1033 |
|---|
| 2 | 2 | | (Villalba) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the registration and use of marks, including trademarks |
|---|
| 8 | 8 | | and service marks. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 16.002, Business & Commerce Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | Sec. 16.002. INAPPLICABILITY OF CHAPTER. (a) This |
|---|
| 13 | 13 | | chapter does not apply to the registration or use of a livestock |
|---|
| 14 | 14 | | brand or other indicia of ownership of goods that do not qualify as |
|---|
| 15 | 15 | | a mark. |
|---|
| 16 | 16 | | (b) Except as provided by this subsection, a trade name is |
|---|
| 17 | 17 | | not registrable under this chapter. If a trade name is also a |
|---|
| 18 | 18 | | service mark or trademark, the trade name is registrable as a |
|---|
| 19 | 19 | | service mark or trademark. |
|---|
| 20 | 20 | | SECTION 2. Subsection (c), Section 16.003, Business & |
|---|
| 21 | 21 | | Commerce Code, is amended to read as follows: |
|---|
| 22 | 22 | | (c) Use of a [A] mark made merely to reserve a right in the |
|---|
| 23 | 23 | | mark is not considered to be a bona fide [in] use of a mark for |
|---|
| 24 | 24 | | purposes of [in] this chapter [state in connection with goods or |
|---|
| 25 | 25 | | services]. |
|---|
| 26 | 26 | | SECTION 3. Subsection (b), Section 16.059, Business & |
|---|
| 27 | 27 | | Commerce Code, is amended to read as follows: |
|---|
| 28 | 28 | | (b) The registration of a mark under this chapter may be |
|---|
| 29 | 29 | | renewed for an additional five-year term by filing a renewal |
|---|
| 30 | 30 | | application in the manner prescribed by the secretary of state and |
|---|
| 31 | 31 | | paying a renewal fee not earlier [later] than the 180th day before |
|---|
| 32 | 32 | | the date the registration expires. |
|---|
| 33 | 33 | | SECTION 4. The change in law made by this Act to Subsection |
|---|
| 34 | 34 | | (b), Section 16.059, Business & Commerce Code, applies only to a |
|---|
| 35 | 35 | | renewal application filed on or after the effective date of this |
|---|
| 36 | 36 | | Act. A renewal application filed before the effective date of this |
|---|
| 37 | 37 | | Act is governed by the law in effect immediately before that date, |
|---|
| 38 | 38 | | and that law is continued in effect for that purpose. |
|---|
| 39 | 39 | | SECTION 5. This Act takes effect September 1, 2013. |
|---|