Key Takeaways

  • Texas trademark registration protects business names, logos, and slogans from unauthorized use within the state.
  • State vs. Federal Registration: Texas registration is quicker and cheaper than federal registration but provides protection only within the state.
  • Cost: The state filing fee is $50 per class, significantly less than the federal filing fee.
  • Trademark renewal in Texas is required every five years.
  • Common mistakes in the application process include failing to conduct a thorough search, providing an incomplete application, and misunderstanding classification requirements.
  • Legal enforcement: Trademark owners can sue for damages and request injunctions in case of infringement.
  • Processing time for registration varies but typically takes several weeks.
  • UpCounsel offers access to experienced trademark attorneys who can guide applicants through the process.

Texas trademark registration allows a business to protect its name, logo, or slogan from use by another business in the state of Texas. State trademark registration is a simpler, faster, and less expensive process than federal trademark registration for a business that operates solely within Texas and doesn't have plans to expand beyond the state.

What Is a Trademark?

Texas law defines a trademark as a word, name, symbol, or device used by a person to distinguish their goods from the goods manufactured or sold by another entity.

Trademark vs. Service Mark

A service mark is defined as a word, name, symbol, or device used by a person to distinguish their services from the services of another entity. The main difference is that a trademark identifies goods or products, while a service mark identifies tangible services.

Advantages of Trademark Registration

Registering your trademark enables you to prevent other businesses or entities from using your trademark for their own benefit. It also grants you exclusive ownership rights to use that trademark in connection with the goods or products you sell.

Limitations of State Trademark Registration

While registering a trademark in Texas provides legal protection within the state, it does not grant national exclusivity. If another business outside of Texas registers a similar or identical trademark at the federal level, they could gain broader rights. Additionally, Texas trademarks do not provide the ability to bring infringement cases in federal court. For businesses planning to expand beyond Texas, federal trademark registration through the United States Patent and Trademark Office (USPTO) may be a better option.

Requirements for State of Texas Trademark Registration

The Texas Secretary of State office lists the following requirements for registering a trademark in Texas:

  • You must demonstrate that you are using the mark in connection with your company's goods or products in Texas before the date of the application.
  • The mark must differ from other trademarks registered within the state.
  • The mark must differ from any trademarks registered with the U.S. Patent and Trademark Office (USPTO).

Once you register your business's trademark, it remains registered in Texas for five years, after which you can renew the registration for an additional five-year term.

How Much Does It Cost to Trademark a Name in Texas?

The cost of trademark registration in Texas depends on several factors, primarily the number of classes under which the trademark is registered. The Texas Secretary of State charges a $50 fee per class of goods or services when submitting a trademark application. In comparison, a federal trademark application can cost between $250 to $350 per class, depending on the filing method.

Additional fees may include:

  • Trademark renewal: $50 every five years.
  • Expedited processing: Available for an additional cost.
  • Attorney fees: If you hire a trademark attorney, costs will vary based on complexity and legal services provided.

It’s advisable to conduct a trademark search before filing to avoid additional costs if your mark conflicts with an existing registration.

Steps for Registering a Trademark in Texas

  1. You must complete a Trademark or Service Mark Application Form, which requires information such as a federal trademark application. This form must be notarized before submission.
  2. Provide three original pieces of proof that your trademark is in use within the state of Texas.
  3. Pay the fee for each class you are applying for. In Texas, each class is currently $50, which is significantly less than the $325 fee required for each class in a federal application.
  4. After filing the application, the state will evaluate your request, which includes looking for any conflicting registered trademarks within the state and the USPTO.
  5. The state examiner will notify you if there are any issues, allowing you 90 days to correct the application or submit arguments.
  6. Once the application has been reviewed and any issues have been resolved, the state will issue your trademark registration.

Common Mistakes to Avoid When Registering a Trademark in Texas

Applicants often make mistakes that lead to application rejections or legal disputes. To increase the chances of a successful registration, avoid these common errors:

  1. Failing to conduct a comprehensive trademark search – Ensure your mark isn’t already in use or registered at the state or federal level.
  2. Providing a vague or incorrect description – Clearly define the goods or services associated with your trademark.
  3. Applying for the wrong classification – Trademarks are categorized under specific "classes." Choosing the incorrect class can delay or invalidate the registration.
  4. Submitting an incomplete application – All sections must be filled out correctly, and notarization is required.
  5. Neglecting renewal deadlines – Failing to renew the trademark within the five-year window results in expiration.

By carefully reviewing the requirements and seeking legal guidance, you can avoid costly mistakes.

Signifying Your Registered Trademark

The federal registration symbol is ® and should only be used after registering a federal trademark. There is no special symbol signifying that you have registered your trademark with the state. Upon completed registration, you should use ™ beside your registered trademark.

How Long Does It Take to Register a Trademark in Texas?

The Texas trademark registration process typically takes 4 to 8 weeks, but the timeline can vary based on the complexity of the application and whether any issues arise. The process includes:

  • Filing the application with the Texas Secretary of State.
  • Review and examination to ensure no conflicts exist with previously registered trademarks.
  • Corrections period (if applicable) allowing 90 days for applicants to address any issues.
  • Final approval and issuance of the registration certificate if the application meets all requirements.

Expedited processing may be available for an additional fee.

Trademark Infringement on Registered Marks

The Texas legislature amended the state trademark infringement laws in 2011. These changes made the state trademark registration system in line with federal trademark registrations and increased protection of state trademarks.

According to the amended statute, if a person is found guilty of trademark infringement, the registrant can sue for damages and file an injunction to prevent further infringement. Infringement occurs when a person, without the trademark owner's consent, reproduces, counterfeits, or copies a registered trademark to sell, distribute, offer, or advertise goods or services, and its usage will cause confusion as to the source of those goods or services.

If the court rules in favor of the trademark owner, the court can order that the infringing materials be destroyed and require the guilty party to pay the trademark owner damages resulting from the infringement.

Frequently Asked Questions

1. How much does it cost to trademark a name in Texas?

  • The state filing fee is $50 per class. Additional costs may include legal fees, renewal fees, and optional expedited processing.

2. Do I need a lawyer to register a trademark in Texas?

  • While not required, hiring a trademark attorney can help avoid mistakes, conduct a thorough trademark search, and ensure legal compliance.

3. Can I register a trademark in Texas if I plan to expand nationwide?

  • A Texas trademark only protects your brand within the state. If you plan to operate outside Texas, you should consider federal trademark registration with the USPTO.

4. What happens if someone infringes on my Texas trademark?

  • You can file a lawsuit for damages and request an injunction to stop further use. Courts may order the destruction of infringing materials.

5. How long does a Texas trademark last?

  • A Texas trademark registration is valid for five years and must be renewed before expiration.

If you need help with a Texas trademark registration, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.