SECTION 93.38. Use by Predecessor or by Related Companies

(a) An applicant may assert a date of first use by a predecessor in title, or by a related company, if the use operates to benefit the applicant. The application must include a statement that the first use was by the predecessor in title or by the related company.

(b) If the applicant is not using the mark, but one or more related companies are using the mark, and their use operates to benefit the applicant, the application must indicate this fact.

(c) The trademark examiner may inquire into the relationship and may require appropriate evidence showing that the use by related companies operates to benefit the applicant.

Source Note: The provisions of this §93.38 adopted to be effective September 1, 2012, 37 TexReg 6287