Amend CSSB 2065 (house committee report) by adding the following appropriately number ARTICLE to the bill and renumbering the ARTICLES of the bill accordingly:

ARTICLE ____. REGISTRATION OF MARKS

SECTION ____.001. Section 16.051(a), Business & Commerce Code, is amended to read as follows:

(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, the seal, the geographic outline, 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.