Subchapter A. Limited Liability Partnerships

The Office of the Secretary of State adopts amendments to Chapter 93, §§93.1-93.2, 93.41-93.43, 93.51-93.55, 93.61-93.62, 93.66-93.67, 93.91, 93.93, 93.101, 93.112-93.113, 93.117, 93.131-93.133, 93.153, 93.163, and 93.181-93.183, relating to trademark registration and renewal filing requirements and examination procedures and policies of the secretary of state. The amendments to the sections are adopted without changes to the proposed text as published in the November 7, 1997, issue of the Texas Register (22 TexReg 10854) and will not be republished.

The amended sections are adopted for the purpose of implementing the provisions of House Bill 2569 which was enacted by the 75th Legislature and became effective on September 1, 1997, and for the purposes of redesignating the chapter and reorganizing the chapter into subchapters, clarifying information regarding certain procedures, and for replacing certain terminology used to identify the organizational section responsible for the processing, examination, and registration of trademarks.

Chapter 93 is amended to delete references to an organization section identified as the trademark section or trademark office and to replace the terminology with terms that more accurately describe the organizational structure within the context of the rules. Additionally, the undesignated head relating to Assignments of Marks is amended to include reference to the recordation of other instruments as provided by the passage of House Bill 2569. The secretary of state also amends the Chapter by organizing the undesignated heads as subchapters A through N, in conformity with the structure of other chapters within the Code.

Section 93.1 is amended to delete references to the phrase trademark office as there is no section of the secretary of state specifically identified as such. Section 93.2 is amended to delete references to the trademark office and to clarify the basis of the written record.

Section 93.41 is amended to clarify that an attorney may be used to represent an applicant in matters relating to an application for renewal of a trademark and assignment of a trademark registration, as well as an application to register a trademark. Section 93.42 and §93.43 are amended to delete references to the trademark office.

Section 93.51 and §93.53 are amended to conform the rule with the changes implemented by House Bill 2569; specifically, clarifying that the fee associated with the submission of an application is a processing fee and not a filing fee. Section 93.52 is amended to delete references to the trademark office.

Section 93.54 is amended to address changes in procedure and factors considered by the trademark examiners when establishing priority of examination of conflicting pending applications which have the same date of receipt. The amendment to this section is made necessary by the passage of House Bill 2569 which eliminated the verification requirement for applications and which effectively removed a means by which the date of execution of the document could be determined.

Section 93.55 is amended to clarify that an application will receive a filing date once the mark is determined to meet the standards of registration under §16.08 of the Texas Business & Commerce Code. Section 93.55 also is amended to conform the rule to changes implemented by House Bill 2569; specifically, clarifying that the fee associated with the submission of an application is a fee for processing the application and not a fee for the filing or registration of the application.

Section 93.61 and §93.62 are amended to reflect changes implemented by House Bill 2569 which amended the provisions regarding the information required in an application to register a trademark and deleted the requirement that an application be verified by the applicant.

Section 93.66 and §93.67 are amended to delete references to the trademark office and to make other conforming changes.

Section 93.91 is amended to clarify that a printer's proof or reproduction of a drawing of the mark or logo is insufficient as an example of the actual use of the mark on the goods or in the advertising of the services.

Section 93.93 is amended to incorporate information regarding acceptable specimens or examples of use in connection with computer programs or computer services.

Section 93.101 is amended to incorporate changes in classification made to the International Classification of Goods and Services utilized by the United States Patent and Trademark Office and to incorporate information regarding the classification of certain computer services.

Section 93.112 and §93.113 are amended to delete references to the trademark office and replace the use of the term with more appropriate terminology.

Section 93.117 is amended to clarify the time during which an application may be expressly abandoned and to delete references to the trademark office.

Section 93.131 and §93.132 are amended to implement House Bill 2569 which deleted the requirement that an application for registration be verified by the applicant and to delete references to the trademark office. Section 93.133 is amended for purposes of clarifying the manner in which information in an application is to be amended.

Section 93.153 is amended to delete references to the trademark office.

Section 93.163 is amended to clarify the information to be provided by a registrant upon renewal when the mark is not in use at the time of renewal and to implement the changes enacted by the passage of House Bill 2569; specifically, the elimination of the verification requirement for an application to renew a trademark registration.

Section 93.181, which relates to the voluntary cancellation of a trademark registration by the registrant, is amended to delete the requirement that the registrant provide an affidavit regarding the loss of the original certificate if the original cannot be returned as required by the rule. Section 93.182 is amended to delete reference to a statutory provision that was repealed by the passage of House Bill 2569 and to include a reference to an administrative cancellation upon receipt of evidence of a judicial cancellation. Section 93.183 is amended to delete provisions that are redundant of the statute and to clarify that the secretary of state is not a necessary party to a judicial cancellation of a registration.

No comments were received regarding adoption of the amended sections.

Subchapter A. General Information and Correspondence