82R19872 CLG-F
 
  By: Hartnett H.B. No. 3141
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the registration and protection of trademarks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 16, Business & Commerce Code, is amended
  to read as follows:
  CHAPTER 16. TRADEMARKS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 16.001.  DEFINITIONS. In this chapter:
               (1)  "Applicant" means a person applying for
  registration of a mark under this chapter.  The term includes the
  person's legal representative, successor, and assignee.
               (2)  "Dilution" means dilution by blurring or dilution
  by tarnishment, without regard to the presence or absence of:
                     (A)  competition between the owner of a famous
  mark and another person;
                     (B)  actual or likely confusion, mistake, or
  deception; or
                     (C)  actual economic harm.
               (3)  "Dilution by blurring" means an association
  arising from the similarity between a mark or trade name and a
  famous mark that impairs the famous mark's distinctiveness.
               (4)  "Dilution by tarnishment" means an association
  arising from the similarity between a mark or trade name and a
  famous mark that harms the famous mark's reputation.
               (5)  "Mark" includes a trademark or service mark that
  is registrable under this chapter, regardless of whether the
  trademark or service mark is actually registered.
               (6)  "Person," with respect to the applicant or another
  person who is entitled to a benefit or privilege or is rendered
  liable under this chapter, includes:
                     (A)  a natural person; and
                     (B)  a firm, partnership, corporation,
  association, union, or other organization that may sue or be sued in
  that capacity.
               (7)  "Registrant" means the person to whom a
  registration of a mark has been issued under this chapter.  The term
  includes the person's legal representative, successor, or
  assignee.
               (8)  "Service mark":
                     (A)  means a word, name, symbol, or device, or any
  combination of those terms, used by a person to:
                           (i)  identify and distinguish the services
  of one person, including a unique service, from the services of
  another; and
                           (ii)  indicate the source of the services,
  regardless of whether the source is unknown; and
                     (B)  includes the titles, character names used by
  a person, and other distinctive features of radio or television
  programs, regardless of whether the titles, character names, or
  programs advertise the sponsor's goods.
               (9)  "Trade name" means a name used by a person to
  identify the person's business or vocation.
               (10)  "Trademark" means a word, name, symbol, or
  device, or any combination of those terms, used by a person to:
                     (A)  identify and distinguish the person's goods,
  including a unique product, from the goods manufactured or sold by
  another; and
                     (B)  indicate the source of the goods, regardless
  of whether the source is unknown.
         Sec. 16.002.  INAPPLICABILITY OF CHAPTER.  This chapter does
  not apply to the registration or use of a livestock brand or other
  indicia of ownership of goods that do not qualify as a mark.
         Sec. 16.003.  WHEN MARK CONSIDERED TO BE IN USE. (a)  A mark
  is considered to be in use in this state in connection with goods
  when:
               (1)  the mark is placed in any manner on:
                     (A)  the goods;
                     (B)  containers of the goods;
                     (C)  displays associated with the goods;
                     (D)  tags or labels affixed to the goods; or
                     (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
               (2)  the goods are sold or transported in commerce in
  this state.
         (b)  A mark is considered to be in use in this state in
  connection with services when:
               (1)  the mark is used or displayed in this state in
  connection with selling or advertising the services; and
               (2)  the services are rendered in this state.
         (c)  A mark made merely to reserve a right in the mark is not
  considered to be in use in this state in connection with goods or
  services.
         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.
  [Sections 16.005-16.050 reserved for expansion]
  SUBCHAPTER B. REGISTRATION OF MARK
         Sec. 16.051.  REGISTRABLE MARKS. (a)  A mark that
  distinguishes an applicant's goods or services from those of others
  is registrable unless the mark:
               (1)  consists of or comprises matter that is immoral,
  deceptive, or scandalous;
               (2)  consists of or comprises matter that may
  disparage, falsely suggest a connection with, or bring into
  contempt or disrepute:
                     (A)  a person, whether living or dead;
                     (B)  an institution;
                     (C)  a belief; or
                     (D)  a national symbol;
               (3)  depicts, comprises, or simulates the flag, the
  coat of arms, or other insignia of:
                     (A)  the United States;
                     (B)  a state;
                     (C)  a municipality; or
                     (D)  a foreign nation;
               (4)  consists of or comprises the name, signature, or
  portrait of a particular living individual who has not consented in
  writing to the mark's registration;
               (5)  when used on or in connection with the applicant's
  goods or services:
                     (A)  is merely descriptive or deceptively
  misdescriptive of the applicant's goods or services; or
                     (B)  is primarily geographically descriptive or
  deceptively misdescriptive of the applicant's goods or services;
               (6)  is primarily merely a surname; or
               (7)  is likely to cause confusion or mistake, or to
  deceive, because, when used on or in connection with the
  applicant's goods or services, it resembles:
                     (A)  a mark registered in this state; or
                     (B)  an unabandoned mark registered with the
  United States Patent and Trademark Office.
         (b)  Subsection (a)(5) or (6) does not prevent the
  registration of a mark used by the applicant that has become
  distinctive as applied to the applicant's goods or services. The
  secretary of state may accept as evidence that a mark has become
  distinctive, when used on or in connection with the applicant's
  goods or services, proof of continuous use of the mark as such by
  the applicant in this state for the five years preceding the date on
  which the claim of distinctiveness is made.
         Sec. 16.052.  APPLICATION FOR REGISTRATION. (a)  Subject to
  the limitations prescribed by this chapter, a person who uses a mark
  may file an application to register the mark in the office of the
  secretary of state in the manner prescribed by the secretary of
  state.
         (b)  The application must include:
               (1)  the name and business address of the applicant;
               (2)  if the applicant is a corporation, the state under
  whose laws the applicant was incorporated or organized;
               (3)  if the applicant is a partnership, the state under
  whose laws the partnership was organized and the names of the
  general partners;
               (4)  the names or a description of the goods or services
  on or in connection with which the mark is being used;
               (5)  the mode or manner in which the mark is being used
  on or in connection with the goods or services;
               (6)  the class to which the goods or services belong;
               (7)  the date the applicant or applicant's predecessor
  in interest first used the mark anywhere;
               (8)  the date the applicant or the applicant's
  predecessor in interest first used the mark in this state; and
               (9)  a statement that:
                     (A)  the applicant is the owner of the mark;
                     (B)  the mark is in use; and
                     (C)  to the knowledge of the person verifying the
  application, no other person:
                           (i)  has registered the mark, either
  federally or in this state; or
                           (ii)  is entitled to use the mark in this
  state:
                                 (a)  in the identical form used by the
  applicant; or
                                 (b)  in a form that is likely, when
  used on or in connection with the goods or services of the other
  person, to cause confusion or mistake, or to deceive, because of its
  resemblance to the mark.
         (c)  The secretary of state may also require a statement as
  to whether the applicant or the applicant's predecessor in interest
  has filed an application to register the mark, or a portion or
  composite of the mark, with the United States Patent and Trademark
  Office, and, if so, the applicant shall fully disclose information
  with respect to that filing, including:
               (1)  the filing date and serial number of each
  application;
               (2)  the status of the filing; and
               (3)  if any application was finally refused
  registration or has not otherwise resulted in the issuance of a
  registration, the reasons for the refusal or nonissuance.
         (d)  The application must be accompanied by:
               (1)  three specimens of the mark as actually used; and
               (2)  an application fee payable to the secretary of
  state.
         (e)  The application must be signed and verified by the oath
  or affirmation of:
               (1)  the applicant; or
               (2)  a member of the firm or officer of the corporation
  or association that is applying for registration of the mark, as
  applicable.
         (f)  The secretary of state may also require that a drawing
  of the mark that complies with any requirement specified by the
  secretary of state accompany the application.
         Sec. 16.053.  FILING OF APPLICATION; EXAMINATION. (a)  On
  the filing of an application for registration and payment of the
  application fee, the secretary of state shall examine the
  application for compliance with this chapter.
         (b)  The applicant shall provide to the secretary of state
  any additional pertinent information requested by the secretary of
  state, including a description of a design mark.
         Sec. 16.054.  AMENDMENT TO APPLICATION. (a)  In response to
  the secretary of state's rejection of or objection to the
  registration, the applicant may amend, or authorize the secretary
  of state to amend, the application on reasonable request of the
  secretary of state or if the applicant considers it advisable.
         (b)  The secretary of state, on agreement by the applicant,
  may amend the application submitted by the applicant.  The
  secretary of state may require the applicant to submit a new
  application instead of amending the application.
         Sec. 16.055.  DISCLAIMER OF UNREGISTRABLE COMPONENT.  (a)  
  The secretary of state may require the applicant to disclaim an
  unregistrable component of a mark that is otherwise registrable.
  An applicant may voluntarily disclaim a component of a mark sought
  to be registered.
         (b)  A disclaimer may not prejudice or affect:
               (1)  the rights of the applicant or registrant in the
  disclaimed matter; or
               (2)  the rights of the applicant or registrant to
  submit another application to register the mark if the disclaimed
  matter is or has become distinctive of the applicant's or
  registrant's goods or services.
         Sec. 16.056.  CONCURRENT APPLICATIONS FOR SAME OR SIMILAR
  MARK. (a)  When concurrently processing applications for the same
  or confusingly similar marks used on or in connection with the same
  or related goods or services, the secretary of state shall grant
  priority to the application that was filed first. If a prior filed
  application is granted a registration, the secretary of state shall
  reject any other subsequently filed application.
         (b)  An applicant whose application is rejected under this
  section may bring an action in accordance with Section 16.106 for
  cancellation of the previously issued registration on the ground
  that the applicant has a prior or superior right to the mark.
         Sec. 16.057.  DENIAL OF REGISTRATION; NOTICE. (a)  If the
  secretary of state determines that the applicant is not entitled to
  register the mark, the secretary of state shall:
               (1)  notify the applicant of the determination and the
  reason for the denial of the application; and
               (2)  give the applicant reasonable time as prescribed
  by the secretary of state in which to issue a response to the denial
  or amend the application, in which event the secretary of state
  shall reexamine the application.
         (b)  The applicant may repeat the examination procedures
  described by Subsection (a) until the earlier of:
               (1)  the expiration of the period prescribed by the
  secretary of state under Subsection (a)(2); or
               (2)  the date on which the secretary of state finally
  refuses registration of the application.
         (c)  If the applicant fails to respond to the denial or to
  amend the application within the period prescribed by the secretary
  of state under Subsection (a)(2), the application is considered to
  have been abandoned.
         (d)  If the secretary of state finally refuses registration
  of the mark, the applicant may seek a writ of mandamus against the
  secretary of state to compel registration in accordance with the
  procedures prescribed by Section 16.106.  The writ of mandamus may
  be granted, without cost to the secretary of state, on proof that
  all the statements in the application are true and that the mark is
  otherwise entitled to registration.
         Sec. 16.058.  CERTIFICATE OF REGISTRATION. (a)  If the
  application complies with the requirements of this chapter, the
  secretary of state shall cause a certificate of registration to be
  issued and delivered to the applicant.
         (b)  The certificate of registration must:
               (1)  be signed by the secretary of state;
               (2)  be issued under the secretary of state's official
  seal;
               (3)  indicate the name and business address of the
  person claiming ownership of the mark;
               (4)  if the applicant is a corporation, indicate the
  state under whose laws the applicant was incorporated or organized;
               (5)  if the applicant is a partnership, indicate the
  state under whose laws the partnership was organized and the names
  of the general partners;
               (6)  include a description of the goods or services on
  or in connection with which the mark is being used;
               (7)  state the class of the goods or services;
               (8)  state the date claimed for the first use of the
  mark anywhere;
               (9)  state the date claimed for the first use of the
  mark in this state;
               (10)  show a reproduction of the mark;
               (11)  state the registration date; and
               (12)  state the term of the registration.
         Sec. 16.059.  TERM AND RENEWAL OF REGISTRATION. (a)  The
  registration of a mark under this chapter expires on the fifth
  anniversary of the date of registration.
         (b)  The registration of a mark under this chapter may be
  renewed for an additional five-year term by filing a renewal
  application in the manner prescribed by the secretary of state and
  paying a renewal fee not later than the 180th day before the date
  the registration expires.
         (c)  An application for renewal under this chapter, whether
  of a registration made under this chapter, or a registration that
  took effect under a predecessor statute, must include:
               (1)  a verified statement stating that the mark has
  been and is still in use in this state; and
               (2)  a specimen of the mark, as actually used on or in
  connection with the goods or services.
         (d)  A mark for which a registration was in effect on August
  31, 2012, continues in effect for the unexpired term of the
  registration and may be renewed by complying with the requirements
  for renewal under this section.
         Sec. 16.060.  RECORD AND PROOF OF REGISTRATION. (a)  The
  secretary of state shall keep for public examination a record of
  all:
               (1)  marks registered or renewed under this chapter;
               (2)  assignments recorded under Section 16.061; and
               (3)  other instruments recorded under Section 16.062.
         (b)  Registration of a mark under this chapter is
  constructive notice throughout this state of the registrant's claim
  of ownership of the mark throughout this state.
         (c)  A certificate of registration issued by the secretary of
  state under this chapter, or a copy of it certified by the secretary
  of state, is admissible in evidence as prima facie proof of:
               (1)  the validity of the registration;
               (2)  the registrant's ownership of the mark; and
               (3)  the registrant's exclusive right to use the mark in
  commerce in this state in connection with the goods or services
  specified in the certificate, subject to any conditions and
  limitations stated in the certificate.
         Sec. 16.061.  ASSIGNMENT OF MARK AND REGISTRATION. (a)  A
  mark and its registration under this chapter are assignable with
  the goodwill of the business in which the mark is used, or with that
  part of the goodwill of the business connected with the use of, and
  symbolized by, the mark.
         (b)  An assignment must be made by a properly executed
  written instrument and may be recorded with the secretary of state
  by:
               (1)  filing the assignment; and
               (2)  paying a recording fee to the secretary of state.
         (c)  If an assignment has been properly filed for record
  under Subsection (b), the secretary of state shall issue in the
  assignee's name a new certificate of registration for the remainder
  of the term of the mark's registration or last renewal.
         (d)  The assignment of a mark registered under this chapter
  is void against a purchaser who purchases the mark for valuable
  consideration after the assignment is made and without notice of it
  unless the assignment is recorded by the secretary of state:
               (1)  not later than the 90th day after the date of the
  assignment; or
               (2)  before the mark is purchased.
         (e)  An acknowledgment is prima facie evidence of the
  execution of an assignment, and when recorded by the secretary of
  state, the record is prima facie evidence of execution.
         Sec. 16.062.  RECORDING OF OTHER INSTRUMENTS. (a)  A
  certificate of the registrant or applicant effecting a name change
  of the person to whom the mark was issued or for whom an application
  was filed may be recorded with the secretary of state by paying a
  recording fee to the secretary of state.
         (b)  Other properly executed written instruments that relate
  to a mark registered or an application pending with the secretary of
  state under this chapter, including a license, security interest,
  or mortgage, may be recorded with the secretary of state, at the
  secretary of state's discretion.
         (c)  An acknowledgment is prima facie evidence of the
  execution of an instrument other than an assignment under this
  section, and when recorded by the secretary of state, the record is
  prima facie evidence of execution.
         (d)  The secretary of state must accept for recording a copy
  of an original instrument under this section if the copy is
  certified to be a true copy by any party to the transaction or the
  party's successor.
         Sec. 16.063.  CHANGE OF REGISTRANT'S NAME.  If a registrant's
  name is changed during the unexpired term of a mark's registration,
  a new certificate of registration may be issued for the remainder of
  the unexpired term in the new name of the registrant on the filing
  of a certificate under Section 16.062.
         Sec. 16.064.  CANCELLATION OF REGISTRATION.  (a)  The
  secretary of state shall cancel a registration:
               (1)  in force on August 31, 2012, that has not been
  renewed under Section 16.059;
               (2)  on receipt of a voluntary request for cancellation
  from the registrant under this chapter or the registrant's assignee
  of record;
               (3)  granted under this chapter and not renewed under
  Section 16.059;
               (4)  with respect to which a court has rendered a
  judgment finding that:
                     (A)  the registered mark has been abandoned;
                     (B)  the registrant is not the owner of the mark;
                     (C)  the registration was granted improperly;
                     (D)  the registration was obtained fraudulently;
                     (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;
                     (F)  the registered mark is so similar, as to be
  likely to cause confusion or mistake or to deceive, to a mark that:
                           (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
                           (ii)  is not abandoned; or
                     (G)  the registration was canceled by order of a
  court on any ground; or
               (5)  when a court of competent jurisdiction orders
  cancellation of a registration on any ground.
         (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.
         Sec. 16.065.  CLASSIFICATION OF GOODS AND SERVICES. (a)  The
  secretary of state by rule shall establish a classification of
  goods and services for the convenient administration of this
  chapter. The classifications established under this section may
  not limit or expand an applicant's or registrant's rights. To the
  extent practicable, the classification of goods and services must
  conform to the classification of goods and services adopted by the
  United States Patent and Trademark Office.
         (b)  An applicant may include in a single application for
  registration of a mark any or all goods or services in connection
  with which the mark is actually being used and the appropriate class
  or classes of the goods or services.
         (c)  If a single application for registration of a mark
  includes goods or services that belong in multiple classes, the
  secretary of state may require payment of a fee for each class of
  goods or services.
         Sec. 16.066.  FEES. (a)  The secretary of state by rule
  shall prescribe the amount of fees payable for the various
  applications and for the filing and recording of those applications
  for related services.
         (b)  Unless specified otherwise by the secretary of state, a
  fee under this chapter is not refundable.
  [Sections 16.067-16.100 reserved for expansion]
  SUBCHAPTER C. ENFORCEMENT
         Sec. 16.101.  FRAUDULENT REGISTRATION. A person who
  procures for the person or another the filing of an application or
  the registration of a mark under this chapter by knowingly making a
  false or fraudulent representation or declaration, oral or written,
  or by any other fraudulent means, is liable to pay all damages
  sustained as a result of the filing or registration.  The damages
  may be recovered by or on behalf of the injured party in any court of
  competent jurisdiction.
         Sec. 16.102.  INFRINGEMENT OF REGISTERED MARK. (a)  Subject
  to Section 16.107, a person commits an infringement if the person:
               (1)  without the registrant's consent, uses anywhere in
  this state a reproduction, counterfeit, copy, or colorable
  imitation of a mark registered under this chapter in connection
  with selling, distributing, offering for sale, or advertising goods
  or services when the use is likely to deceive or cause confusion or
  mistake as to the source or origin of the goods or services; or
               (2)  reproduces, counterfeits, copies, or colorably
  imitates a mark registered under this chapter and applies the
  reproduction, counterfeit, copy, or colorable imitation to a label,
  sign, print, package, wrapper, receptacle, or advertisement
  intended to be used in selling or distributing, or in connection
  with the sale or distribution of, goods or services in this state.
         (b)  A registrant may sue for damages and to enjoin an
  infringement proscribed by Subsection (a).
         (c)  If the court determines that there has been an
  infringement, the court shall enjoin the act of infringement and
  may:
               (1)  subject to Subsection (d), require the violator to
  pay the registrant all profits derived from or damages resulting
  from the acts of infringement; and
               (2)  order that the infringing counterfeits or
  imitations in the possession or under the control of the violator
  be:
                     (A)  delivered to an officer of the court to be
  destroyed; or
                     (B)  delivered to the registrant to be destroyed.
         (d)  If the court finds that the violator acted with actual
  knowledge of the registrant's mark or in bad faith, the court, in
  the court's discretion, may:
               (1)  enter judgment in an amount not to exceed three
  times the amount of profits and damages; and
               (2)  award reasonable attorney's fees to the prevailing
  party.
         (e)  A registrant is entitled to recover damages under
  Subsections (a)(2), (c)(1), and (d) only if the violator acted with
  intent to cause confusion or mistake or to deceive.
         (f)  The enumeration of any right or remedy under this
  section does not affect the prosecution of conduct under the penal
  laws of this state.
         Sec. 16.103.  INJURY TO BUSINESS REPUTATION; DILUTION.  (a)
  Subject to the principles of equity, the owner of a mark that is
  famous and distinctive, inherently or through acquired
  distinctiveness, in this state is entitled to enjoin another
  person's commercial use of a mark or trade name that begins after
  the mark has become famous if use of the mark or trade name is likely
  to cause the dilution of the famous mark.
         (b)  For purposes of this section, a mark is considered to be
  famous if the mark is widely recognized by the public throughout
  this state or in a geographic area in this state as a designation of
  source of the goods or services of the mark's owner. In determining
  whether a mark is famous, a court may consider factors including:
               (1)  the duration, extent, and geographic reach of the
  advertisement and publicity of the mark in this state, regardless
  of whether the mark is advertised or publicized by the owner or a
  third party;
               (2)  the amount, volume, and geographic extent of sales
  of goods or services offered under the mark in this state;
               (3)  the extent of actual recognition of the mark in
  this state; and
               (4)  whether the mark is registered in this state or in
  the United States Patent and Trademark Office.
         (c)  In an action brought under this section, the owner of a
  famous mark is entitled to injunctive relief throughout the
  geographic area in this state in which the mark is found to have
  become famous before the use of the other mark. If the court finds
  that the person against whom the injunctive relief is sought
  wilfully intended to cause the dilution of the famous mark, the
  owner shall also be entitled to remedies under this chapter,
  subject to the court's discretion and principles of equity.
         (d)  A person may not bring an action under this section for:
               (1)  a fair use, including a nominative or descriptive
  fair use, or facilitation of the fair use, of a famous mark by
  another person other than as a designation of source for the
  person's own goods or services, including a fair use in connection
  with:
                     (A)  advertising or promoting that permits
  consumers to compare goods or services; or
                     (B)  identifying and parodying, criticizing, or
  commenting on the famous mark owner or the famous mark owner's goods
  or services;
               (2)  a noncommercial use of the mark; or
               (3)  any form of news reporting or commentary.
         Sec. 16.104.  REMEDIES.  (a)  An owner of a mark registered
  under this chapter may bring an action to enjoin the manufacture,
  use, display, or sale of any counterfeits or imitations of a mark.
         (b)  If the court finds that a wrongful act described by
  Subsection (a) has been committed, the court shall enjoin the
  wrongful manufacture, use, display, or sale and may:
               (1)  subject to Subsection (c), require the violator to
  pay to the owner of the mark all profits derived from or damages
  resulting from the wrongful acts; and
               (2)  order that the wrongful counterfeits or imitations
  in the possession or under the control of the defendant be:
                     (A)  delivered to an officer of the court to be
  destroyed; or
                     (B)  delivered to the complainant to be destroyed.
         (c)  If the court finds that the violator committed the
  wrongful acts with knowledge of the registrant's mark or in bad
  faith, or otherwise as according to the circumstances of the case,
  the court, in the court's discretion, may:
               (1)  enter judgment in an amount not to exceed three
  times the amount of profits and damages; and
               (2)  award reasonable attorney's fees to the prevailing
  party.
         Sec. 16.105.  OLYMPIC SYMBOLS. (a) Without the permission
  of the United States Olympic Committee, a person may not, for the
  purpose of trade, to induce the sale of goods or services, or to
  promote a theatrical exhibition, athletic performance, or
  competition, use:
               (1)  the symbol of the International Olympic Committee,
  consisting of five interlocking rings;
               (2)  the emblem of the United States Olympic Committee,
  consisting of an escutcheon having a blue chief and vertically
  extending red and white bars on the base with five interlocking
  rings displayed on the chief;
               (3)  a trademark, trade name, sign, symbol, or insignia
  falsely representing association with or authorization by the
  International Olympic Committee or the United States Olympic
  Committee; or
               (4)  the words "Olympic," "Olympiad," or "Citius Altius
  Fortius" or a combination or simulation of those words that tends to
  cause confusion or mistake, to deceive, or to suggest falsely a
  connection with the United States Olympic Committee or an Olympic
  activity.
         (b)  On violation of Subsection (a), the United States
  Olympic Committee is entitled to the remedies available to a
  registrant on infringement of a mark registered under this chapter.
         Sec. 16.106.  FORUM FOR ACTIONS REGARDING REGISTRATION;
  SERVICE ON OUT-OF-STATE REGISTRANTS. (a) An action to require
  cancellation of a mark registered under this chapter or in mandamus
  to compel registration of a mark under this chapter shall be brought
  in a district court of Travis County. In an action to compel
  registration of a mark, the proceeding must be based solely on the
  record before the secretary of state.
         (b)  In an action for cancellation, the secretary of state
  may not be made a party to the proceeding but shall be notified of
  the filing of the complaint by the clerk of the court in which the
  action is filed and shall be given the right to intervene in the
  action.
         (c)  In an action brought against a nonresident registrant,
  service may be made on the secretary of state as agent for service
  of process of the registrant in accordance with the procedures
  established for service on foreign corporations and business
  entities under the Business Organizations Code.
         Sec. 16.107.  COMMON LAW RIGHTS NOT AFFECTED. No
  registration under this chapter adversely affects common law rights
  acquired prior to registration under this chapter. However, during
  any period when the registration of a mark under this chapter is in
  force and the registrant has not abandoned the mark, no common law
  rights as against the registrant of the mark may be acquired.
  [SUBCHAPTER A.  GENERAL PROVISIONS
         [Sec.   16.01.     DEFINITIONS. (a)     In this chapter, unless the
  context requires a different definition,
               [(1)     "applicant" means the person applying for
  registration of a mark under this chapter and includes his legal
  representative, successor, assignee, and predecessor in title to
  the mark sought to be registered;
               [(2)  "mark" includes service mark and trademark;
               [(3)     "registrant" means the person to whom a
  registration has been issued under this chapter and includes his
  legal representative, successor, assignee, and predecessor in
  title to the registration;
               [(4)     "service mark" means a word, name, symbol,
  device, slogan or any combination thereof which, whether registered
  or not, has been adopted and used by a person to identify his
  services and distinguish them from the services of others, and
  includes the titles, designations, character names, and
  distinctive features of broadcast or other advertising;
               [(5)     "trademark" means a word, name, symbol, device,
  slogan or any combination thereof which, whether registered or not,
  has been adopted and used by a person to identify his goods and
  distinguish them from the goods manufactured or sold by others; and
               [(6)     "trade name" includes individual name, surname,
  firm name, corporate name, and lawfully adopted name or title used
  by a person to identify his business, vocation, or occupation.
         [(b)     This chapter does not apply to the registration or use
  of livestock brands or other indicia of ownership of goods which do
  not qualify as a "mark" as defined in this chapter.
         [Sec.   16.02.     WHEN MARK CONSIDERED TO BE USED. (a)     A mark
  is considered to be used in this state in connection with goods when
               [(1)  it is placed on
                     [(A)  the goods;
                     [(B)  containers of the goods;
                     [(C)  displays associated with the goods; or
                     [(D)  tags or labels affixed to the goods; and
               [(2)     the goods are sold, displayed for sale, or
  otherwise publicly distributed in this state.
         [(b)     A mark is considered to be used in this state in
  connection with services when
               [(1)     it is used or displayed in this state in
  connection with selling or advertising the services; and
               [(2)  the services are rendered in this state.
  [SUBCHAPTER B.  REGISTRATION OF MARK
         [Sec.   16.08.     REGISTRABLE MARKS. (a)     A mark in actual use
  in connection with the applicant's goods or services, which
  distinguishes his goods or services from those of others, is
  registrable unless it
               [(1)     is, or includes matter which is, immoral,
  deceptive, or scandalous;
               [(2)     may disparage, or falsely suggest a connection
  with, or bring into contempt or disrepute
                     [(A)  a person, whether living or dead;
                     [(B)  an institution;
                     [(C)  a belief; or
                     [(D)  a national symbol;
               [(3)     depicts or simulates the flag, coat of arms, or
  other insignia of
                     [(A)  the United States;
                     [(B)  a state;
                     [(C)  a municipality; or
                     [(D)  a foreign nation;
               [(4)     is or includes the name, signature, or portrait
  of a living individual who has not consented in writing to its
  registration;
               [(5)  is
                     [(A)     merely descriptive or deceptively
  misdescriptive of the applicant's goods or services;
                     [(B)     primarily geographically descriptive or
  deceptively misdescriptive of the applicant's goods or services; or
                     [(C)  primarily merely a surname; or
               [(6)     is likely to cause confusion or mistake, or to
  deceive, because, when applied to the applicant's goods or
  services, it resembles another person's unabandoned mark
  registered in this state.
         [(b)     Subsection (a)(5) of this section does not prevent the
  registration of a mark that has become distinctive as applied to the
  applicant's goods or services. The secretary of state may accept as
  evidence that a mark has become distinctive as applied to the
  applicant's goods or services proof of substantially exclusive and
  continuous use of the mark by the applicant in this state for the
  five years next preceding the date on which the applicant filed his
  application for registration.
         [(c)     A trade name is not registrable under this chapter.
  However, if a trade name is also a service mark or trademark, as
  defined in this chapter, it is registrable as a service mark or
  trademark.
         [Sec.   16.09.     CLASSIFICATION 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.
         [(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.
         [Sec.   16.10.     APPLICATION FOR REGISTRATION. (a)     Subject to
  the limitations prescribed by this chapter, a person may file an
  application to register a mark in the office of the secretary of
  state on a form prescribed by the secretary of state.
         [(b)  The applicant shall include in the application:
               [(1)  the name and business address of the applicant;
               [(2)     if the applicant is a corporation, limited
  partnership, limited liability company, or other business entity,
  the state of incorporation or organization;
               [(3)     an appointment of the secretary of state as the
  applicant's agent for service of process only in suits relating to
  the registration which may be issued if the applicant:
                     [(A)  is or becomes a:
                           [(i)     nonresident individual, partnership,
  or association; or
                           [(ii)     foreign corporation, limited
  partnership, or limited liability company without a certificate of
  authority to do business in this state; or
                     [(B)  cannot be found in this state;
               [(4)     the names or a description of the goods or
  services in connection with which the mark is being used;
               [(5)     the manner in which the mark is being used in
  connection with the goods or services;
               [(6)     the class in which the applicant believes the
  goods or services belong;
               [(7)     the date on which the applicant first used the
  mark anywhere in connection with the goods or services;
               [(8)     the date on which the applicant first used the
  mark in this state in connection with the goods or services;
               [(9)     a statement that the applicant is the owner of the
  mark, and that, to the best of the applicant's knowledge, no other
  person is entitled to use the mark in this state:
                     [(A)     in the identical form used by the applicant;
  or
                     [(B)     in a form that is likely, when used in
  connection with the goods or services, to cause confusion or
  mistake, or to deceive, because of its resemblance to the mark used
  by the applicant;
               [(10)  a narrative description of the mark; and
               [(11)     such additional information or documents as the
  secretary of state may reasonably require.
         [(c)  The applicant shall:
               [(1)     prepare and file the application and a copy of the
  application with the secretary of state; and
               [(2)     submit as part of the application to the
  secretary of state:
                     [(A)     two identical specimens or facsimiles of the
  mark as actually used, one specimen or facsimile with the original
  application and one specimen or facsimile with the copy;
                     [(B)     a drawing of the mark that complies with any
  requirement specified by the secretary of state; and
                     [(C)     an application fee of $50 payable to the
  secretary of state.
         [(d)     The applicant or the applicant's agent shall sign the
  application.
         [Sec.   16.105.     EXAMINATION OF APPLICATION. (a)     On the
  filing of an application for registration and payment of the
  application fee, the secretary of state shall examine the
  application for compliance with this chapter.
         [(b)     The applicant shall provide to the secretary of state
  additional pertinent information requested by the secretary of
  state.
         [(c)     The secretary of state shall examine applications in
  the order in which the applications are filed, including
  applications concurrently processed for registration of the same or
  confusingly similar marks used in connection with the same or
  similar goods or services.
         [Sec.   16.106.     AMENDMENT TO APPLICATION. (a)     The applicant
  may make an amendment to the application as reasonably requested by
  the secretary of state or in response to a rejection or objection to
  the registration by the secretary of state.
         [(b)     An amendment to the application, other than an
  amendment to the date on which the applicant first uses the mark,
  may be made by the applicant's agent. The secretary of state may
  require the applicant to execute and submit a new application
  instead of making an amendment.
         [(c)     An amendment to the application made to the date on
  which the applicant first used the mark may not specify a date of
  use that is after the date on which the application was filed.
         [Sec.   16.107.     DISCLAIMER OF UNREGISTRABLE COMPONENT. The
  secretary of state may require the applicant to disclaim or the
  applicant may voluntarily disclaim an unregistrable component of a
  mark that is otherwise registrable. A disclaimer may not prejudice
  or affect the:
               [(1)     rights of the applicant or registrant in the
  disclaimed matter; or
               [(2)     rights of the applicant or registrant to make an
  application to register a mark if the disclaimed matter is
  distinctive of the goods or services of the applicant or
  registrant.
         [Sec.   16.108.     CONCURRENT APPLICATIONS FOR SAME OR SIMILAR
  MARK. (a)     When concurrently processing applications for the same
  or confusingly similar marks used in connection with the same or
  similar goods or services, the secretary of state shall give
  priority to the application that was filed first. If the previously
  filed application is registered, the secretary of state shall
  reject the other application.
         [(b)     The applicant may bring an action for cancellation of
  the previously issued registration on the ground that the applicant
  has a prior or superior right to the mark under this chapter.
         [Sec.   16.109.     DENIAL OF REGISTRATION. (a)     If the
  secretary of state finds that the applicant is not entitled to
  register the mark, the secretary of state shall:
               [(1)     notify the applicant of the reason for the denial
  of the application; and
               [(2)     give the applicant a reasonable amount of time as
  prescribed by the secretary of state in which to:
                     [(A)  issue a response to the denial; or
                     [(B)  amend the application.
         [(b)     The applicant may repeat the examination procedures
  described by Subsection (a) until the earlier of:
               [(1)     the expiration of the period prescribed by the
  secretary of state under Subsection (a)(2); or
               [(2)     the date on which the secretary of state finally
  refuses registration of the application.
         [(c)     If the secretary of state finally refuses registration
  of the mark, the applicant may seek a review of the decision of the
  secretary of state in accordance with the procedures prescribed by
  this chapter.
         [Sec.   16.11.     REGISTRATION BY SECRETARY OF STATE. If the
  application satisfies the requirements of this chapter, and the
  application fee has been paid, the secretary of state shall:
               [(1)     endorse on the original and the copy of the
  application:
                     [(A)  the word "filed"; and
                     [(B)  the date on which the application was filed;
               [(2)  file the original in his office;
               [(3)     issue a certificate of registration evidencing
  registration on the date on which the application was filed;
               [(4)     attach the copy to the certificate of
  registration; and
               [(5)     deliver the certificate of registration with the
  attached copy of the application to the applicant.
         [Sec.   16.12.     TERM OF REGISTRATION. (a)     The registration
  of a mark under this chapter is effective for a term of 10 years from
  the date of registration.
         [Sec.   16.13.     NOTICE OF EXPIRATION OF REGISTRATION.
  (a)     During the period beginning 12 months and ending 6 months
  before the day a registration expires, the secretary of state
  shall, by writing to the last known address of the registrant under
  this chapter or under a prior act, notify the registrant of the
  necessity for renewing or reregistering under Section 16.14 of this
  code.
         [(b)     Neither the secretary of state's failure to notify a
  registrant nor the registrant's nonreceipt of a notice under
  Subsection (a) of this section
               [(1)  extends the term of a registration; or
               [(2)     excuses the registrant's failure to renew or
  reregister.
         [Sec.   16.14.     RENEWAL OF REGISTRATION AND REREGISTRATION.
  (a)     The registration of a mark under this chapter may be renewed
  for an additional 10-year term by filing a renewal application
  within six months before the day the registration expires. The
  registrant shall submit to the secretary of state:
               [(1)  a renewal application stating that:
                     [(A)  the mark is still in use in this state; or
                     [(B)  nonuse of the mark in this state:
                           [(i)     is due to special circumstances which
  excuse the nonuse; and
                           [(ii)     is not due to an intention to abandon
  the mark in this state; and
               [(2)     a renewal application fee of $25 payable to the
  secretary of state.
         [(b)     A registrant may renew a registration under Subsection
  (a) of this section for successive terms of 10 years.
         [(d)     The renewal application must be signed by the
  registrant or the registrant's agent.
         [Sec.   16.15.     RECORD, NOTICE, AND PROOF OF REGISTRATION.
  (a)     The secretary of state shall keep for public examination a
  record of all:
               [(1)     marks registered, reregistered, or renewed under
  this chapter;
               [(2)     assignments recorded under Section 16.18 of this
  code; and
               [(3)     other instruments recorded under Section 16.19 of
  this code.
         [(b)     Registration of a mark under this chapter is
  constructive notice throughout this state of the registrant's claim
  of ownership of the mark throughout this state.
         [(c)     A certificate of registration issued by the secretary
  of state under this chapter, or a copy of it certified by the
  secretary of state, is admissible in evidence as prima facie proof
  of
               [(1)  the validity of the registration;
               [(2)  the registrant's ownership of the mark; and
               [(3)     the registrant's exclusive right to use the mark
  in commerce in this state in connection with the goods or services
  specified in the certificate, subject to any conditions and
  limitations stated in the certificate.
         [Sec.   16.16.     CANCELLATION OF REGISTRATION. (a)     The
  secretary of state shall cancel
               [(1)     all registrations in force before May 2, 1962,
  which are more than 10 years old and which have not been
  reregistered under Section 16.14(c) of this code;
               [(2)     a registration on receipt of a voluntary request
  for cancellation from the registrant under this chapter or under a
  prior act as identified by the records of the secretary of state;
               [(3)     registrations granted under this chapter and not
  renewed under Section 16.14(a) of this code;
               [(4)     a registration concerning which a district or
  appellate court has rendered a final judgment, which has become
  unappealable, cancelling the registration or finding that
                     [(A)  the registered mark has been abandoned;
                     [(B)     the registrant under this chapter or under a
  prior act is not the owner of the mark;
                     [(C)     the registration was granted contrary to the
  provisions of this chapter;
                     [(D)     the registration was obtained fraudulently;
  or
                     [(E)     the registered mark has become incapable of
  serving as a mark.
         [(b)     The clerk of the court whose final judgment cancels a
  registration or makes any of the findings specified in Subsection
  (a)(4) of this section shall, when the judgment becomes
  unappealable, transmit a certified copy of it to the secretary of
  state.
         [Sec.   16.17.     ASSIGNMENT OF MARK AND REGISTRATION. (a)     A
  mark and its registration under this chapter are assignable with
  the goodwill of the business in which the mark is used, or with that
  part of the goodwill connected with the use of, and symbolized by,
  the mark.
         [(b)     An assignment shall be made by duly executed written
  instrument.
         [Sec.   16.18.     RECORDATION OF ASSIGNMENT AND ITS EFFECT.
  (a)     An assignment made under Section 16.17 of this code may be
  recorded with the secretary of state by
               [(1)  filing with him
                     [(A)  the original assignment; and
                     [(B)     a duplicate original or legible photocopy on
  durable paper of the assignment; and
               [(2)  paying him a fee of $10.
         [(b)     If an assignment has been properly filed for record
  under Subsection (a) of this section, the secretary of state shall
               [(1)     issue in the assignee's name a new certificate of
  registration for the remainder of the term of the mark's
  registration, reregistration, or last renewal;
               [(2)     endorse on the original and duplicate original
  assignment or photocopy the
                     [(A)     words "Filed for record in the office of the
  Secretary of State, State of Texas"; and
                     [(B)     date on which the assignment was filed for
  record;
               [(3)     file the duplicate original or photocopy of the
  assignment in his office; and
               [(4)     return the endorsed original assignment to the
  assignee or his representative.
         [(c)     The assignment of a mark registered under this chapter
  is void against a purchaser who purchases the mark for value after
  the assignment is made and without notice of it unless the
  assignment is recorded by the secretary of state
               [(1)     within three months after the date of the
  assignment; or
               [(2)  before the mark is purchased.
         [Sec.   16.19.     RECORDATION OF OTHER INSTRUMENTS. (a)     An
  instrument that is related to the ownership of a mark registered
  under this subchapter, including articles of merger or conversion
  or a document effecting a name change, may be recorded with the
  secretary of state by:
               [(1)  filing a certified copy of the instrument; and
               [(2)     paying a filing fee in the amount established for
  the filing of an assignment under Section 16.18.
         [(b)     This section does not apply to the recording of a
  mortgage or a security interest or other instrument that is
  recordable under the Uniform Commercial Code.
         [(c)     A license agreement related to a mark registered under
  this chapter may not be recorded under this section.
         [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.
         [(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.
         [Sec.   16.21.     POWERS OF SECRETARY OF STATE.   (a)     The
  secretary of state may adopt rules relating to the filing of
  documents under this subchapter.
         [(b)     The secretary of state may prescribe forms for use in
  filing documents under this subchapter.
         [Sec.   16.22.     ELECTRONIC FILINGS AND REPRODUCTIONS.   (a)   An
  application for renewal of trademark registration, an assignment
  under Section 16.17, or 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 a
  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.
  [SUBCHAPTER C. COURT ACTION
         [Sec.   16.24.     REVIEW OF SECRETARY OF STATE'S DECISIONS.   (a)  
  If the secretary of state takes final action refusing to register a
  mark under Section 16.109 or to renew the registration of a mark
  under Section 16.14, the applicant or registrant may file suit for
  review of the secretary of state's decision in one of the Travis
  County district courts.
         [(b)     A suit filed under Subsection (a) of this section is
  tried de novo, as an appeal from a justice court to a county court,
  and
               [(1)     every decision or action concerning an issue in
  the suit made or taken by the secretary of state before the suit was
  filed is void;
               [(2)     the district court shall determine the issues in
  the suit as if no decision had been made or action taken by the
  secretary of state; and
               [(3)     the district court may not apply in any form the
  substantial evidence rule in reviewing a decision or action of the
  secretary of state.
         [(c)  The legislature declares that
               [(1)     this section is not severable from the other
  sections of this chapter;
               [(2)     it would not have enacted this chapter without
  this section; and
               [(3)     this chapter is void if a court in a final
  judgment which becomes unappealable invalidates this section in
  whole or part.
         [Sec.   16.25.     SUIT TO CANCEL REGISTRATION.   (a)     A person
  who believes that he is or will be damaged by a registration under
  this chapter may sue to cancel the registration in a district court
  having venue.
         [(b)     The clerk of a court in which suit is filed under
  Subsection (a) of this section shall transmit notice of the suit to
  the secretary of state, who shall place the notice in the
  registration file with proper notations and endorsements.
         [(c)     When the registrant's agent for service of process is
  the secretary of state, the secretary of state shall forward notice
  of the suit by registered mail to the registrant at his last address
  of record.
         [(d)     If the court finds that the losing party in a suit filed
  under Subsection (a) of this section should have known his position
  was without merit, the court may award the successful party his
  reasonable attorneys' fees and charge them as part of the costs
  against the losing party.
         [Sec.   16.26.     INFRINGEMENT OF REGISTERED MARK.   (a)   Subject
  to Section 16.27 of this code, a person commits an infringement if,
  without the registrant's consent, he
               [(1)     uses anywhere in this state a reproduction,
  counterfeit, copy, or colorable imitation of a mark registered
  under this chapter in connection with selling, offering for sale,
  or advertising goods or services when the use is likely to deceive
  or cause confusion or mistake as to the source or origin of the
  goods or services; or
               [(2)     reproduces, counterfeits, copies, or colorably
  imitates a mark registered under this chapter and applies the
  reproduction, counterfeit, copy, or colorable imitation to a label,
  sign, print, package, wrapper, receptacle, or advertisement
  intended to be used in selling, leasing, distributing, or rendering
  goods or services in this state when the use is likely to deceive or
  cause confusion or mistake as to the source or origin of the goods
  or services.
         [(b)     A registrant may sue for damages and to enjoin an
  infringement proscribed by Subsection (a) of this section in a
  district court having venue.
         [(c)     If the district court determines that there has been an
  infringement, it shall enjoin the act of infringement and may
               [(1)     require the infringer to pay the registrant all
  damages resulting from the acts of infringement and occurring from
  and after the date two years before the day the suit was filed; and
               [(2)     order that the infringing reproductions,
  counterfeits, copies, or colorable imitations in the possession or
  under the control of the infringer be
                     [(A)  delivered to an officer of the court;
                     [(B)  delivered to the registrant; or
                     [(C)  destroyed.
         [(d)     A registrant is entitled to recover damages under
  Subsection (c)(1) of this section only for an infringement that
  occurred during the period of time the infringer had actual
  knowledge of the registrant's mark.
         [Sec.   16.27.     EXCEPTIONS TO LIABILITY FOR INFRINGEMENT.   (a)  
  No registration under this chapter adversely affects common law
  rights acquired prior to registration under this chapter. However,
  during any period when the registration of a mark under this chapter
  is in force and the registrant has not abandoned the mark, no common
  law rights as against the registrant of the mark may be acquired.
         [(b)     The owner or operator of a radio or television station,
  or the owner or publisher of a newspaper, magazine, directory, or
  other publication, is not liable in that business under Section
  16.26 of this code for the use of a registered mark furnished by one
  of his advertisers or customers.
         [Sec.   16.28.     PROCURING APPLICATION OR REGISTRATION BY
  FRAUD.   (a)     No person may procure for himself or another the
  filing of an application or the registration of a mark under this
  chapter by knowingly making a false or fraudulent representation or
  declaration, oral or written, or by any other fraudulent means.
         [(b)     A person injured by the false or fraudulent procurement
  of an application or registration may sue the person who violated
  Subsection (a) of this section in a district court having venue and
               [(1)     recover from him damages resulting from use of
  the fraudulently registered mark, plus costs of suit, including
  attorneys' fees; and
               [(2)  have the registration cancelled.
         [Sec.   16.29.     INJURY TO BUSINESS REPUTATION OR TRADE NAME OR
  MARK.   A person may bring an action to enjoin an act likely to
  injure a business reputation or to dilute the distinctive quality
  of a mark registered under this chapter or Title 15, U.S.C., or a
  mark or trade name valid at common law, regardless of whether there
  is competition between the parties or confusion as to the source of
  goods or services. An injunction sought under this section shall be
  obtained pursuant to Rule 680 et seq. of the Texas Rules of Civil
  Procedure.
         [Sec.   16.30.     OLYMPIC SYMBOLS.   (a)     Without the permission
  of the United States Olympic Committee, a person may not, for the
  purpose of trade, to induce the sale of goods or services, or to
  promote a theatrical exhibition, athletic performance, or
  competition, use:
               [(1)     the symbol of the International Olympic
  Committee, consisting of five interlocking rings;
               [(2)     the emblem of the United States Olympic
  Committee, consisting of an escutcheon having a blue chief and
  vertically extending red and white bars on the base with five
  interlocking rings displayed on the chief;
               [(3)     a trademark, trade name, sign, symbol, or
  insignia falsely representing association with or authorization by
  the International Olympic Committee or the United States Olympic
  Committee; or
               [(4)     the words "Olympic," "Olympiad," or "Citius
  Altius Fortius" or a combination or simulation of those words that
  tends to cause confusion or mistake, to deceive, or to suggest
  falsely a connection with the United States Olympic Committee or an
  Olympic activity.
         [(b)     On violation of Subsection (a), the United States
  Olympic Committee is entitled to the remedies available to a
  registrant on infringement of a mark registered under this chapter.
         [Sec.   16.31.     CRIMINAL PENALTY.     (a)     A person commits an
  offense if the person knowingly or intentionally signs and presents
  or causes to be presented for filing a document that may be or is
  required to be filed under this chapter and that:
               [(1)     indicates that the person signing the document
  has the authority to act on behalf of an applicant or registrant
  when the person is not authorized to act on behalf of the applicant
  or registrant;
               [(2)  contains a material false statement; or
               [(3)  is forged.
         [(b)     An offense under this section is a Class A misdemeanor
  unless the actor's intent is to defraud or harm another, in which
  event the offense is a state jail felony.]
         SECTION 2.  Sections 32.23(3), (5), and (6), Penal Code, are
  amended to read as follows:
               (3)  "Protected mark" means a trademark or service mark
  or an identification mark that is:
                     (A)  registered with the secretary of state;
                     (B)  registered on the principal register of the
  United States Patent and Trademark Office;
                     (C)  registered under the laws of another state;
  or
                     (D)  protected by Section 16.105 [16.30],
  Business & Commerce Code, or by 36 U.S.C. Section 371 et seq.
               (5)  "Service mark" has the meaning assigned by Section
  16.001 [16.01], Business & Commerce Code.
               (6)  "Trademark" has the meaning assigned by Section
  16.001 [16.01], Business & Commerce Code.
         SECTION 3.  The intent of this Act is to provide a system of
  trademark registration and protection in this state that is
  substantially consistent with the federal system of trademark
  registration and protection under the Trademark Act of 1946, as
  amended. To that end, the construction given to the Trademark Act
  of 1946 (15 U.S.C. Section 1051 et seq.) should be examined as
  persuasive authority for interpreting and construing this Act.
         SECTION 4.  The changes in law made by this Act do not affect
  any suit, proceeding, or appeal pending on the effective date of
  this Act.  A suit, proceeding, or appeal pending on the effective
  date of this Act is governed by the law in effect on the date the
  suit, proceeding, or appeal was filed, and the former law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2012.