SECTION 93.82. Concurrent Applications for Same or Similar Mark

(a) When concurrently processing applications for marks that are likely to cause confusion or mistake, when applied to the applicant's goods and/or services, the Secretary of State will give priority to the application with the earliest date of receipt, as determined by §93.21 of this title (relating to Date of Receipt). Applications for the same or similar mark that have a later date of receipt will be cited to the conflicting pending application. The application will be held pending until the Secretary of State makes a final determination regarding the registration of the prior received application.

(b) When applications have the same date of receipt, pursuant to §93.21 of this title, the application with the later date of execution will be held pending a final determination of the application with the earlier date of execution. An application that does not specify a date of execution will be presumed to have been executed no earlier than:

(1) its postmark date, if mailed; or

(2) its date of receipt, if delivered by other means.

(c) When applications have the same date of receipt and the same date of execution, the trademark examiner will give priority to the application stating the earliest date of first use in this state.

Source Note: The provisions of this §93.82 adopted to be effective September 1, 2012, 37 TexReg 6287