Untitled Texas Attorney General Opinion ( 1972 )

THE L~ITCBECNEY GENERAL OF-XAS Honorable Eli Willis Opinion No. M-1186 Moore County Attorney P, 0” BOX 473 Re: Whether the County Dumas, Texas clerk may record two brands having the same name but differ- Dear Mr, Willis: ent design. Your question concerns whether in view of the provisions of Article 6995, Vernon's Civil Statutes, the County Clerk may record two brands having the same name but using differ- ent symbols, According to the facts you have given, one individual originally recorded a brand without giving the brand a name. Later another individual recorded a different brand design and listed the brand name as "Quien Sabe," As required by Article 6899j, Vernon's Civil Statutes, each brand owner has again registered the individual brand designs; but each has named the brand "Quien Sabe," The Brands have been designated for the same general location on the animal, We find no statutory requirements concerning the name given a particular mark or brand, The various statutes deal- ing with marks and brands appear to be concerned only with the mark or brand applied to the animal, Article 6995 pro- hibits recordation of a brand or mark similar to one previous- ly recorded* but this office has ruled that the same figure may be recorded by more than one individual provided that the brands are to be applied at different locations on the animal. Attorney General's Opinions O-1114(1939) and V- 563(1948). There being no statutory prohibition against the record- ation of brands or marks different in design but given the same name, we are of the opinion that the County Clerk may record differing brands or marks of the same name. -5787- Honorable Eli Willis, page 2 (M-1186) SUMMARY The County Clerk may record marks or brands given the same name provided that the marks or brands themselves are different. ectfully yours, t- C. MARTIN ey General of Texas Prepared by Roland Daniel Green III Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W, E, Allen, Co-Chairman James Broadhurst Roland Carlson Mel Corley Jerry Roberts SAM MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -5788-