Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 93 - TRADEMARKS
Subchapter D - THE WRITTEN APPLICATION
Section 93.31 - Application Requirements
Universal Citation: 1 TX Admin Code ยง 93.31
Current through Reg. 49, No. 38; September 20, 2024
(a) The application must be in English, subject to the provisions of § RSA 93.35 of this title (relating to Description of Mark). Use of the application form promulgated by the Secretary of State is recommended, but not mandatory, for an applicant seeking to register a mark in two or fewer classes.
(b) The application must include:
(1) the name and business address of the
applicant;
(2) if the applicant is
a corporation or LLC, the state under whose laws the applicant was incorporated
or organized;
(3) if the applicant
is a general or limited partnership, the state under whose laws the partnership
was organized and the names of the general partners;
(4) the names or a description of the goods
and/or services on or in connection with which the mark is being
used;
(5) the mode or manner in
which the mark is being used on or in connection with the goods and/or
services;
(6) the class to which
the goods and/or services belong;
(7) the date the applicant or applicant's
predecessor in interest first used the mark anywhere;
(8) the date the applicant or the applicant's
predecessor in interest first used the mark in this state;
(9) a statement that the applicant is the
owner of the mark, the mark is in use and, to the best of applicant's
knowledge, no other person has registered the mark, either federally or in this
state, no other person is entitled to use the mark in this state in the
identical form used by applicant, or in a form that is likely, when used in
connection with the goods and/or services, to cause confusion or mistake, or to
deceive, because of its resemblance to the mark used by the applicant;
and
(10) a statement as to whether
the applicant or the applicant's predecessor in interest has filed an
application to register the mark, or a portion or composite of the mark, with
the United States Patent and Trademark Office, and, if so, the applicant shall
fully disclose information with respect to that filing, including the filing
date and serial number of each application, the status of the filing, and if
any application was finally refused registration or has not otherwise resulted
in the issuance of a registration, the reasons for the refusal or
nonissuance.
(c) The application must be accompanied by:
(1) a
drawing sheet;
(2) at least three
specimens of the mark as actually used; and
(3) the application fee pursuant to §
RSA 93.151 of
this title (relating to Recordation Fees).
(d) The application must be signed and verified in compliance with § RSA 93.33 of this title (relating to Execution Requirements).
Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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