SECTION 93.143. Judicial Cancellation

(a) The Secretary of State is not a necessary party to any action or proceeding for the cancellation of a trademark registered by the Secretary of State. The Secretary of State will cancel a trademark registration upon receipt of a certified copy of a final judgment brought by a district or appellate court or other court of competent jurisdiction canceling the trademark or finding that:

(1) the registered mark has been abandoned;

(2) the registrant is not the owner of the mark;

(3) the registration was granted improperly;

(4) the registration was obtained fraudulently;

(5) the registered mark is or has become the generic name for the goods and/or services, or part of the goods and/or services, in connection with which the mark was registered; or

(6) the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark that:

(A) is registered by another person in the United States Patent and Trademark Office before the date the application for registration was filed under Chapter 16 of the Business & Commerce Code; and

(B) is not abandoned.

(b) There is no fee for the filing of a judicial cancellation of a trademark registration.

Source Note: The provisions of this §93.143 adopted to be effective September 1, 2012, 37 TexReg 6287