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 §93.141 of this title (relating to Voluntary Cancellation); or

(3) receipt of a cancellation pursuant to §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 §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.

Source Note: The provisions of this §93.142 adopted to be effective September 1, 2012, 37 TexReg 6287