HB 3141 becomes effective on September 1, 2012 for each new and pending application of registration of a mark.
Highlights of Major Changes to the Texas Trademark Act.
- Term of registration reduced from 10 years to 5 years.
- Change to timeframe for filing renewals.
- Likelihood of confusion review expanded to include federally registered marks.
- Multiple class applications permissible, but additional fee for each additional class.
- Licenses, security interests, & mortgages may be recorded.
- Changes made to application requirements:
- Applicant must sign and verify application.(notarization)
- Must provide 3 specimens of use.
- Applicant may register two or more classes for additional fee.
- SOS may require an applicant to provide any additional pertinent information, such as any prior or pending registrations with United States Patent & Trademark Office (USPTO).
- Changes made to renewal application requirements:
- Renewals must be signed and verified.
- Renewals must include a specimen showing that the mark is still in use.
- The timeframe for renewing a registered mark has changed.
Please review additional information on the new Trademark Act.
Please review additional information on new Trademark Administrative Rules (PDF).