{"data":{"id":"us-tx/tex.-business-commerce-code-16.003","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 16.003","heading":"WHEN MARK CONSIDERED TO BE IN USE.","body":"(a) A mark is considered to be in use in this state in connection with goods when:\n(1) the mark is placed in any manner on:\n(A) the goods;\n(B) containers of the goods;\n(C) displays associated with the goods;\n(D) tags or labels affixed to the goods; or\n(E) documents associated with the goods or sale of the goods, if the nature of the goods makes placement described by Paragraphs (A) through (D) impracticable; and\n(2) the goods are sold or transported in commerce in this state.\n(b) A mark is considered to be in use in this state in connection with services when:\n(1) the mark is used or displayed in this state in connection with selling or advertising the services; and\n(2) the services are rendered in this state.\n(c) Use of a mark made merely to reserve a right in the mark is not considered to be a bona fide use of a mark for purposes of this chapter.\nAmended by:\nActs 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.\nActs 2013, 83rd Leg., R.S., Ch. 762 (S.B. 1033), Sec. 2, eff. September 1, 2013.","path":["BUSINESS AND COMMERCE CODE","TITLE 2. COMPETITION AND TRADE PRACTICES","CHAPTER 16. TRADEMARKS","SUBCHAPTER A. GENERAL PROVISIONS"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm#16.003","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"36841da9823fe271ba9ed311f281b1bf324fdf9940d9775851ed4ff734c62546","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-16.002","next":"us-tx/tex.-business-commerce-code-16.004"},"notice":"GroundRules: Original legal text. Not legal advice."}