By: Marchant H.B. No. 3415
A BILL TO BE ENTITLED
AN ACT
relating to the filing of an application for registration of a
trademark or service mark, and other trademark instruments with the
secretary of state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 16.09, Business & Commerce Code, is
amended to read as follows:
Sec. 16.09. CLASSIFICATION [CLASSES] OF GOODS AND
SERVICES.
(a) The secretary of state shall adopt rules establishing a
classification of goods and services for the convenient
administration of this chapter. The classifications established do
not limit or expand an applicant's or registrant's rights. To the
extent practicable, the classification of goods and services should
conform to the classification adopted by the United States Patent
and Trademark Office. [An applicant may include in a single
application for registration of a mark all goods or services in
connection with which the mark is actually being used and which are
in a single class. An applicant may not include in a single
application for registration goods or services which are not in a
single class.]
(b) An applicant may include in a single application for
registration of a mark all goods or services in connection with
which the mark is actually being used and which are in a single
class. An applicant may not include in a single application for
registration goods or services which are not in a single class.
[The classes of goods are:
(1) Class 1: Chemicals;
(2) Class 2: Paints;
(3) Class 3: Cosmetics and cleaning preparations;
(4) Class 4: Lubricants and fuels;
(5) Class 5: Pharmaceuticals;
(6) Class 6: Metal goods;
(7) Class 7: Machinery;
(8) Class 8: Hand tools;
(9) Class 9: Electrical and scientific apparatus;
(10) Class 10: Medical apparatus;
(11) Class 11: Environmental control apparatus;
(12) Class 12: Vehicles;
(13) Class 13: Firearms;
(14) Class 14: Jewelry;
(15) Class 15: Musical instruments;
(16) Class 16: Paper goods and printed matter;
(17) Class 17: Rubber goods;
(18) Class 18: Leather goods;
(19) Class 19: Nonmetallic building materials;
(20) Class 20: Furniture and articles not otherwise
classified;
(21) Class 21: Housewares and glass;
(22) Class 22: Cordage and fibers;
(23) Class 23: Yarns and threads;
(24) Class 24: Fabrics;
(25) Class 25: Clothing;
(26) Class 26: Fancy goods;
(27) Class 27: Floor coverings;
(28) Class 28: Toys and sporting goods;
(29) Class 29: Meats and processed foods;
(30) Class 30: Staple foods;
(31) Class 31: Natural agricultural products;
(32) Class 32: Light beverages;
(33) Class 33: Wines and spirits; and
(34) Class 34: Smokers' articles.]
[(c) The classes of services are:
(1) Class 35: Advertising and business;
(2) Class 36: Insurance and financial;
(3) Class 37: Construction and repair;
(4) Class 38: Communication;
(5) Class 39: Transportation and storage;
(6) Class 40: Material treatment;
(7) Class 41: Education and entertainment; and
(8) Class 42: Miscellaneous.]
[(d) The classes of goods and services enumerated in
Subsections (b) and (c) of this section are established for the
convenient administration of this chapter and do not limit or
expand an applicant's or registrant's rights. The secretary of
state may amend the classes of goods and services to conform to
those now or later established by the U.S. Patent Office.]
SECTION 2. Section 16.20, Business & Commerce Code, is
amended to read as follows:
Sec. 16.20. TRANSFER OF MARK; CHANGE OF REGISTRANT'S NAME;
CHANGE OF ADDRESS. (a) If ownership of a registered mark is
transferred or a registrant's name is changed during the unexpired
term of a registration, a new certificate of registration may be
issued for the remainder of the unexpired term of the mark's
registration in the name of the transferee or in the new name of the
registrant upon the filing of an instrument under Section 16.19 of
this code [at the request of the registrant or transferee].
(b) The secretary of state may amend the trademark records
of an effective registration to reflect a change of registrant
address upon receipt of a statement signed by the registrant or the
registrant's agent. The statement must set forth the name of the
registrant of record, a description of the registered mark, the
registration number issued by the secretary of state, and the
registrant's new address. [A request for a new certificate must be
signed by the registrant or transferee and accompanied by a fee in
the amount set by Section 405.031(a), Government Code, for an
official certification.]
SECTION 3. Subchapter B, Chapter 16, Business & Commerce
Code, is amended by adding Section 16.22 to read as follows:
Section 16.22. ELECTRONIC FILINGS AND REPRODUCTIONS.
(a) An application for renewal of trademark registration,
an assignment under Section 16.17, a transfer of ownership or
change of registrant name under Section 16.19, may be submitted in
an electronic format that is approved by the secretary of state. An
instrument that is filed in accordance with this subsection is
deemed to have complied with:
(1) the filing requirements of the section pursuant to
which it is filed; and
(2) any requirement that the document be submitted as
an originally signed instrument.
(b) All electronic acknowledgments and certificates
required to be issued by the secretary of state for the instruments
filed pursuant to subsection (a) shall be considered issued or
provided by the secretary of state on the initial transmission by
the secretary of state of the acknowledgment or certificate
required to be filed.
(c) Any certificate issued by the secretary of state
concerning any instrument filed under this subchapter need not be
on paper or reduced to printed form.
(d) If permitted by the rules adopted by the secretary of
state, an original instrument required or authorized to be filed
with the secretary of state under this subchapter may be a
photographic, photostatic, facsimile, or similar reproduction of
an signed instrument.
(e) All civil and criminal penalties applicable to the
filing of documents under this chapter apply to all documents filed
pursuant to this section.
SECTION 4. This Act takes effect September 1, 2003.