Texas Business and Commerce Code 16.004 – When Mark Considered to Be Abandoned
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(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.
Terms Used In Texas Business and Commerce Code 16.004
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(c) Nonuse of a mark as described by Subsection (a)(1) for three consecutive years constitutes prima facie evidence of the mark’s abandonment.