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The Texas Department of Licensing and Regulation (TDLR) is a state agency of Texas. TDLR is responsible for licensing and regulating a broad range of occupations, businesses, facilities, and equipment in Texas. [1] TDLR has its headquarters in the Ernest O. Thompson State Office Building in Downtown Austin. [2] [3]
An application for registration may be based upon "actual use" in commerce (a §1(a) registration) or upon a bona fide intent to use ("ITU") the mark in commerce (§1(b) registration). An ITU application is a placeholder. It will not be allowed to register until the applicant actually begins using the mark in interstate commerce.
The Trademark Trial and Appeal Board (TTAB) is an administrative tribunal within the United States Patent and Trademark Office (USPTO). The TTAB is empowered to determine the right to register a trademark. It has no authority to determine the right to use one, nor broader questions of infringement, unfair competition, damages or injunctive relief.
Such a registration is achieved by filing a concurrent use application (or by converting an existing application to a concurrent use application) and then prevailing in a concurrent use proceeding before the Trademark Trial and Appeal Board ("TTAB"), which is a judicial body within the United States Patent and Trademark Office ("USPTO").
The Trademark Law Treaty (TLT) is a 1994 treaty entered into by a large number of countries establishing procedures for recognizing trademarks registered in other member countries. It operates under the auspices of the World Intellectual Property Organization .
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