SECTION 72.3. Application and License

(a) Any person not a state public official or under the express direction of a state agency and conducting official state business must, prior to any use of the state seal in any commercial reproduction, distribution, advertisement, manufacture, promotion, replication, sale, or any such activity reasonably construed to be embraced by this description:

(1) complete and file with the Office of the Secretary of State, on a form prescribed by that office, an application for a license for the private nonofficial use of the state seal;

(2) obtain such license from the Office of the Secretary of State.

(b) An application to use the Texas state seal must:

(1) be legibly printed or typed;

(2) indicate whether it is a new application or a renewal;

(3) state the applicant's name and any assumed names;

(4) provide the applicant's business address; organizational structure; and, if the applicant is a business organization, the jurisdiction of formation;

(5) describe the goods or services with which the seal will be used;

(6) describe how the seal will be used, including the medium by which the seal will be displayed;

(7) be accompanied by an example of use as described in subsection (c) of this section; and

(8) be accompanied by the application and licensing fees set forth in Texas Business & Commerce Code §17.08(e) and §72.6 of this title (relating to Fees: Payment of Money).

(c) Example of use. If the state seal will be used on goods, examples include specifications of the product to bear the state seal, such as an architectural drawing, engineer's draft to scale, sales brochure, or photograph. Drawings and drafts must be done on standard size paper (8 1/2 inches by 11 inches). Drawings and drafts will become a permanent part of the application file. If the state seal will be used in connection with services, examples include a printers proof for advertising or a printout from a web page that has not yet been made public.

(d) Upon approval of a complete application, the secretary of state shall issue a license to the applicant. Only the applicant is licensed by the secretary of state; the license does not extend to subsidiaries or related entities.

(e) A licensee must conspicuously display the license in the licensee's place of business.

Source Note: The provisions of this §72.3 adopted to be effective December 10, 2012, 37 TexReg 9617