SECTION 93.37. Identification of Prior Applications or Registrations with the United States Patent and Trademark Office

(a) The applicant must disclose any prior applications for registration of the mark, or a portion of the mark, with the United States Patent and Trademark Office (USPTO). If any prior applications for registration have been made by the applicant or applicant's predecessor, the applicant must provide the following information to the Secretary of State:

(1) the filing date and serial number of each application;

(2) the status of any filing; and

(3) if any application was finally refused registration or has not otherwise resulted in the issuance of a registration, the reasons for the refusal or nonissuance.

(b) Applicants may comply with subsection (a) of this section by providing copies of documents issued by the USPTO that include the required information.

(c) Failure to disclose an application for registration with the USPTO that was finally refused or has not otherwise resulted in issuance of a registration may result in the rejection of an application.

Source Note: The provisions of this §93.37 adopted to be effective September 1, 2012, 37 TexReg 6287