On September 1, 2012, an overhauled and expanded version of the Texas Trademark Act will take effect. Passed during the 82nd Legislature as House Bill 3141, the revised Act is meant to more closely track model trademark procedures and reduce the potential for conflict with federal trademark laws. Notable changes include:
- Additional and expanded penalties for trademark infringement;
- More specific definitions of trademark dilution and new limitations on which marks qualify for protection under the dilution rules;
- Enhanced filing requirements for both new applications and trademark renewals;
- An expanded likelihood of confusion review that includes federal as well as Texas trademarks;
- A reduction of the registration term from ten to five years.
The Texas Secretary of State has posted an updated trademark application form and guidance on some of the new trademark provisions. Interested parties may also want to review the Texas Administrative Code's new trademark regulations, also effective on September 1.
