16.107 – COMMON LAW RIGHTS NOT AFFECTED. No registration
Texas Business and Commerce Code § 16.107
Summary
This law clarifies that registering a mark does not diminish any common law rights that existed before registration. However, once a mark is registered and not abandoned, no new common law rights can be established against the registrant.
Registration does not affect prior common law rights.
New common law rights cannot be established against a registered mark.
Mark must be maintained to protect against common law claims.
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In simple terms: Learn about Texas's COMMON LAW RIGHTS NOT AFFECTED. No registration law, including definitions, penalties, and legal implications.. This means people must follow this rule, and breaking it can lead to criminal penalties.
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