| (a) Except as otherwise provided in subsection (b)
of this section, action of the Secretary of State will be based upon
the written record developed by the applicant and the trademark examiner.
Communications from third parties in opposition to the registration
of a pending application which are adversarial in nature are inappropriate
and will not be considered part of the record by the trademark examiner.
Objections to registration of this nature should be resolved judicially
pursuant to §16.104, Business & Commerce Code.
(b) Communication from a third party which brings to
the attention of the Secretary of State facts or information bearing
upon the registrability of the mark because of the generic or descriptive
nature of the mark may be made part of the record for consideration
along with all other facts available to the examiner. Before any of
the factual information can be made part of the record, the communication
must be in writing and contain proof and support of the information
provided.
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