Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 93 - TRADEMARKS
Subchapter N - CANCELLATION OF REGISTRATION
Section 93.143 - Judicial Cancellation
Universal Citation: 1 TX Admin Code ยง 93.143
Current through Reg. 49, No. 12; March 22, 2024
(a) The Secretary of State is not a necessary party to any action or proceeding for the cancellation of a trademark registered by the Secretary of State. The Secretary of State will cancel a trademark registration upon receipt of a certified copy of a final judgment brought by a district or appellate court or other court of competent jurisdiction canceling the trademark or finding that:
(1) the registered mark has been
abandoned;
(2) the registrant is
not the owner of the mark;
(3) the
registration was granted improperly;
(4) the registration was obtained
fraudulently;
(5) the registered
mark is or has become the generic name for the goods and/or services, or part
of the goods and/or services, in connection with which the mark was registered;
or
(6) the registered mark is so
similar, as to be likely to cause confusion or mistake or to deceive, to a mark
that:
(A) is registered by another person in
the United States Patent and Trademark Office before the date the application
for registration was filed under Chapter 16 of the Business & Commerce
Code; and
(B) is not
abandoned.
(b) There is no fee for the filing of a judicial cancellation of a trademark registration.
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