SECTION 93.85. Third Party Communications

(a) Except as otherwise provided in subsection (b) of this section, action of the Secretary of State will be based upon the written record developed by the applicant and the trademark examiner. Communications from third parties in opposition to the registration of a pending application which are adversarial in nature are inappropriate and will not be considered part of the record by the trademark examiner. Objections to registration of this nature should be resolved judicially pursuant to §16.104, Business & Commerce Code.

(b) Communication from a third party which brings to the attention of the Secretary of State facts or information bearing upon the registrability of the mark because of the generic or descriptive nature of the mark may be made part of the record for consideration along with all other facts available to the examiner. Before any of the factual information can be made part of the record, the communication must be in writing and contain proof and support of the information provided.

Source Note: The provisions of this §93.85 adopted to be effective September 1, 2012, 37 TexReg 6287