Section 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.Tex. Bus. and Comm. Code § 16.004
Added by: Acts 2011, 82nd Leg., R.S., Ch. 563, Sec. 1, eff. 9/1/2012.