Sec. 16.003.  WHEN MARK CONSIDERED TO BE IN USE.  (a)  A mark is considered to be in use in this state in connection with goods when:
(1)  the mark is placed in any manner on:
(A)  the goods;
(B)  containers of the goods;
(C)  displays associated with the goods;
(D)  tags or labels affixed to the goods; or
(E)  documents associated with the goods or sale of the goods, if the nature of the goods makes placement described by Paragraphs (A) through (D) impracticable; and
(2)  the goods are sold or transported in commerce in this state.
(b)  A mark is considered to be in use in this state in connection with services when:
(1)  the mark is used or displayed in this state in connection with selling or advertising the services; and
(2)  the services are rendered in this state.
(c)  Use of a mark made merely to reserve a right in the mark is not considered to be a bona fide use of a mark for purposes of this chapter.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 563 (H.B. 3141), Sec. 1, eff. September 1, 2012.
Acts 2013, 83rd Leg., R.S., Ch. 762 (S.B. 1033), Sec. 2, eff. September 1, 2013.