{"data":{"id":"us-tx/tex.-business-commerce-code-16.064","jurisdiction":"us-tx","citation":"Tex. Business \u0026 Commerce Code § 16.064","heading":"CANCELLATION OF REGISTRATION.","body":"(a) The secretary of state shall cancel a registration:\n(1) in force on August 31, 2012, that has not been renewed under Section 16.059;\n(2) on receipt of a voluntary request for cancellation from the registrant under this chapter or the registrant's assignee of record;\n(3) granted under this chapter and not renewed under Section 16.059;\n(4) with respect to which a court has rendered a judgment finding that:\n(A) the registered mark has been abandoned;\n(B) the registrant is not the owner of the mark;\n(C) the registration was granted improperly;\n(D) the registration was obtained fraudulently;\n(E) the registered mark is or has become the generic name for the goods or services, or part of the goods or services, in connection with which the mark was registered;\n(F) the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark that:\n(i) is registered by another person in the United States Patent and Trademark Office before the date the application for registration was filed under this chapter; and\n(ii) is not abandoned; or\n(G) the registration was canceled by order of a court on any ground; or\n(5) when a court of competent jurisdiction orders cancellation of a registration on any ground.\n(b) If a registrant's mark is considered for cancellation under Subsection (a)(4)(F) and the registrant proves that the registrant is the owner of a mark concurrently registered as a mark with the United States Patent and Trademark Office to cover a geographical area that includes a part of this state, the secretary of state may not cancel registration of the mark for the geographical area of this state covered by the federal registration.\nAmended by:\nActs 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.","path":["BUSINESS AND COMMERCE CODE","TITLE 2. COMPETITION AND TRADE PRACTICES","CHAPTER 16. TRADEMARKS","SUBCHAPTER B. REGISTRATION OF MARK"],"source_url":"https://statutes.capitol.texas.gov/Docs/BC/htm/BC.16.htm#16.064","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:46:56Z","sha256":"496abdd015900fa940c6955f98036b85d65ca0a19d0883e8f5ab70e0a4c77595","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-business-commerce-code-16.063","next":"us-tx/tex.-business-commerce-code-16.065"},"notice":"GroundRules: Original legal text. Not legal advice."}