Texas Business and Commerce Code - BUS & COM § 16.001. Definitions

(1) “Applicant” means a person applying for registration of a mark under this chapter.  The term includes the person's legal representative, successor, and assignee.

(2) “Dilution” means dilution by blurring or dilution by tarnishment, without regard to the presence or absence of:

(3) “Dilution by blurring” means an association arising from the similarity between a mark or trade name and a famous mark that impairs the famous mark's distinctiveness.

(4) “Dilution by tarnishment” means an association arising from the similarity between a mark or trade name and a famous mark that harms the famous mark's reputation.

(5) “Mark” includes a trademark or service mark that is registrable under this chapter, regardless of whether the trademark or service mark is actually registered.

(6) “Person,” with respect to the applicant or another person who is entitled to a benefit or privilege or is rendered liable under this chapter, includes:

(7) “Registrant” means the person to whom a registration of a mark has been issued under this chapter.  The term includes the person's legal representative, successor, or assignee.

(8) “Service mark”:

(9) “Trade name” means a name used by a person to identify the person's business or vocation.

(10) “Trademark” means a word, name, symbol, or device, or any combination of those terms, used by a person to: