Texas Business and Commerce Code - BUS & COM § 16.057. Denial of Registration; Notice

(a) If the secretary of state determines that the applicant is not entitled to register the mark, the secretary of state shall:

(b) The applicant may repeat the examination procedures described by Subsection (a) until the earlier of:

(c) If the applicant fails to respond to the denial or to amend the application within the period prescribed by the secretary of state under Subsection (a)(2), the application is considered to have been abandoned.

(d) If the secretary of state finally refuses registration of the mark, the applicant may seek a writ of mandamus against the secretary of state to compel registration in accordance with the procedures prescribed by Section 16.106. The writ of mandamus may be granted, without cost to the secretary of state, on proof that all the statements in the application are true and that the mark is otherwise entitled to registration.