| (a) The application must indicate the date of execution
and be signed and verified by the oath or affirmation of an authorized
person.
(1) The verification shall substantially comply with
the following:
Attached Graphic
(2) In lieu of a verification, the application may
include a declaration by an authorized person that complies with §132.001
of the Civil Practice & Remedies Code.
(b) For purposes of this subchapter, a person is authorized
to sign an application if:
(1) the person has legal authority to bind the owner;
(2) the person has firsthand knowledge of the facts
and actual or implied authority to act on behalf of the applicant;
or
(3) the person is an attorney who has actual written
or verbal power of attorney or an implied power of attorney from the
applicant.
(c) A person with legal authority to bind the owner
means:
(1) in the case of a sole proprietor, the individual
that owns the mark;
(2) in the case of a joint venture, a party to the
venture;
(3) in the case of a partnership, a general partner;
(4) in the case of a corporation, an authorized corporate
officer;
(5) in the case of a limited liability company, an
authorized manager, member, or officer;
(6) in the case of an applicant organized in any manner,
other than set forth in this subsection, a person that has the authority
to legally bind the applicant or registrant under its governing documents.
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