Current through Reg. 49, No. 52; December 27, 2024
Section 93.142 - Administrative Cancellation(a) The Secretary of State shall cancel a registration upon: (1) finding that the registration was granted under Chapter 16 and was not renewed under Business & Commerce Code, §16.059;(2) receipt of a request for a cancellation of a mark in its entirety, pursuant to § RSA 93.141 of this title (relating to Voluntary Cancellation); or(3) receipt of a cancellation pursuant to § RSA 93.143 of this title (relating to Judicial Cancellation).(b) The Secretary of State may partially cancel a registration upon: (1) receipt of a request for cancellation of a mark in fewer than all the registered classes, pursuant to § RSA 93.141 of this title; or(2) proof that registrant of a mark, found by a court to be likely to cause confusion with a mark previously registered, holds a concurrent registration for the mark with the United States Patent and Trademark Office covering a portion of this state. In this situation, the mark may be cancelled only as to the portion of the state not covered by the USPTO registration.1 Tex. Admin. Code § 93.142
The provisions of this §93.142 adopted to be effective September 1, 2012, 37 TexReg 6287