HBA-ATS H.B. 1560 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1560
By: Woolley
Business & Industry
3/24/1999
Introduced



BACKGROUND AND PURPOSE 

In two suits recently filed under Section 16.24, Business & Commerce Code,
third parties have sought the cancellation of the secretary of state's
decision to register a trademark or service mark (mark).  Section 16.24
authorizes the review in one of the Travis County district courts of any
final action taken or a final decision made by the secretary of state under
Chapter 16.  It is the secretary's position that Section 16.24 does not
require the secretary to be a necessary party in a suit seeking
cancellation of a registered mark because Section 16.25 provides a specific
judicial remedy by authorizing a person to sue to cancel the registration
of a mark. 

H.B. 1560 limits the applicability of Section 16.24 by authorizing an
applicant or registrant of a trademark to sue in one of the Travis County
district courts for review of the secretary of state's final action
refusing to register a mark under Section 16.109 (Denial of Registration)
or to renew a mark under Section 16.14 (Renewal of Registration and
Reregistration), rather than authorizing the judicial review of all final
actions or final decisions made by the secretary of state under Chapter 16. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 16.24(a), Business & Commerce Code, to limit the
applicability of this section.  Authorizes an applicant or registrant of a
trademark to file suit in one of the Travis County district courts for
review of the secretary of state's final action refusing to register a mark
under Section 16.109 (Denial of Registration) or to renew a mark under
Section 16.14 (Renewal of Registration and Reregistration), rather than
authorizing the judicial review of all final actions or final decisions
made by the secretary of state under this chapter. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.