Sec. 16.004. WHEN MARK CONSIDERED TO BE ABANDONED. (a) A mark is considered to be abandoned when:
(1) the mark's use has been discontinued with intent not to resume the use; or
(2) the owner's conduct, including an omission or commission of an act, causes the mark to lose its significance as a mark.
(b) Intent not to resume use of a mark under Subsection (a)(1) may be inferred from the circumstances.
(c) Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark's abandonment.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
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