TEXAS PASSES LANDMARK TRADEMARK LEGISLATION TO HARMONIZE WITH FEDERAL LAW
NEW YORK, NY Ã¯Â¿Â½ June 21, 2011 Ã¯Â¿Â½ The International Trademark Association (INTA) today commends the state of Texas enacting legislation that harmonizes Texas trademark law with the Lanham Act, the federal statute governing trademark law in the United States. Texas's new law reflects principles contained in the Model State Trademark Bill, which was developed by INTA to serve as a basis for trademark legislation on the state level.
The new legislation will ensure full state trademark protection for local businesses. The bill provides a cause of action against the dilution of trademarks that are famous within the state and provides that the court may, in its discretion, award attorney's fees.
"Texas has one of the largest economies in the country, and it is important that the state continues to provide businesses with strong support for growth," said INTA Executive Director, Alan C. Drewsen. "By enacting the updated trademark law, state lawmakers have made it easier for businesses to protect their trademarks from imitators seeking to confuse consumers and take advantage of the investment made in establishing brands."
Forty six states have adopted some form of the model state trademark law, but Texas becomes the fifth state, along with Alabama, California, Mississippi and Oregon, to adopt the newest version of the model bill. The bill sets forth definitions and standards consistent with the Trademark Dilution Revision Act of 2006.
The International Trademark Association (INTA) is a worldwide association of member companies and firms that support and advance trademarks and intellectual property as elements of fair and effective global commerce.