Pros And Cons Of The Texas Trademark Act

Law360, New York (July 29, 2011, 12:52 PM EDT) -- Texas Gov. Rick Perry recently signed into law a landmark new Trademark Act (H.B. 3141) that will replace Texas' current trademark statute (Bus. and Comm. Code 16.01 et seq.) on Sept. 1, 2012.

The stated impetus behind the new law was to make Texas law more consistent with federal trademark law (i.e., the Lanham Act, 15 U.S.C. § 1051 et seq.). Once effective, the new law will substantively and procedurally change many aspects of current Texas law. We summarize some of the more significant changes below....
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