SECTION 93.33. Execution Requirements

(a) The application must indicate the date of execution and be signed and verified by the oath or affirmation of an authorized person.

(1) The verification shall substantially comply with the following:

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(2) In lieu of a verification, the application may include a declaration by an authorized person that complies with §132.001 of the Civil Practice & Remedies Code.

(b) For purposes of this subchapter, a person is authorized to sign an application if:

(1) the person has legal authority to bind the owner;

(2) the person has firsthand knowledge of the facts and actual or implied authority to act on behalf of the applicant; or

(3) the person is an attorney who has actual written or verbal power of attorney or an implied power of attorney from the applicant.

(c) A person with legal authority to bind the owner means:

(1) in the case of a sole proprietor, the individual that owns the mark;

(2) in the case of a joint venture, a party to the venture;

(3) in the case of a partnership, a general partner;

(4) in the case of a corporation, an authorized corporate officer;

(5) in the case of a limited liability company, an authorized manager, member, or officer;

(6) in the case of an applicant organized in any manner, other than set forth in this subsection, a person that has the authority to legally bind the applicant or registrant under its governing documents.

Source Note: The provisions of this §93.33 adopted to be effective September 1, 2012, 37 TexReg 6287