Key Takeaways

  • A Texas trademark search helps confirm your brand name, logo, or slogan isn’t already in use within the state.
  • You can search Texas state trademarks using SOSDirect, the Secretary of State’s online tool.
  • Federal trademarks should also be checked via the USPTO’s TESS system.
  • Common law rights may still apply even if a trademark is not officially registered.
  • Filing in Texas grants rights only within the state, unlike federal protection.
  • Domain name and internet searches are crucial to avoid branding conflicts.

A Texas trademark search looks for a design, phrase, symbol, or a word that distinguishes and identifies the company or organization that creates and markets an item or product and sets it apart from the offerings of another organization making similar products or offering similar products.

Service Marks

A service mark is a type of trademark that specifically identifies a specific service instead of a product. Trademark, service mark, and mark are almost interchangeable and are all simply terms that refer to forms of trademarks and service marks. Service marks are mainly used as a way to advertise a company's services, while a trademark that's used in marketing merchandise is likely to be featured on the package as well as in advertisements.

What Qualifies as a Trademark in Texas

In Texas, a trademark is any word, name, symbol, device, or slogan—or a combination of these—that is adopted and used by a person or business to distinguish their goods or services. According to the Texas Business & Commerce Code § 16.001, marks may be registered whether they are in use or intended for use in commerce. Importantly, a mark must be unique and not likely to cause confusion with an existing mark.

State registration does not substitute for federal registration, but it can be a practical step for businesses operating primarily within Texas. Both goods and service marks fall under state protection when properly registered.

How Trademarks Differ from Patents and Copyrights

Trademark protection differs from patent protection and copyright protection because patent protection covers the invention of the product itself and copyright protection covers original artwork and works of literature. All 50 states in the U.S. recognize the validity of Federal trademark protection that has been issued by the U.S. Patent and Trademark Office (USPTO). States also issue trademarks to businesses.

An extensive amount of trademark information is published by the USPTO, including:

  • USPTO Design Search Code Manual: Any trademark that features a design element like a logo or graphic needs to be searched in the Design Search Code Manual to be sure it isn't a duplication of an already trademarked design.
  • Trademark Electronic Search System (TESS): The TESS database helps companies avoid confusion refusal when applying for a trademark. TESS is a search engine you can use to sift through registered trademarks and prior pending applications for similar marks that could halt your application.
  • Trademark Electronic Application System (TEAS): The TEAS system is an online filing system used for filing for trademarks over the internet.

The search for an existing trademark starts at the United States Patent and Trademark Office website, uspto.gov. Call the Secretary of State or visit their website to find out how to search the trademarks that are registered with the state.

Benefits of Registering a Trademark in Texas

Registering a trademark with the Texas Secretary of State offers several advantages for businesses operating within the state:

  • Public Record of Ownership: Your trademark is listed in a searchable state database, which can deter infringement.
  • Legal Presumption of Ownership: In case of disputes, having a registered mark may support your legal claims.
  • Notice to Others: State registration provides notice of your claim to the trademark, helping to prevent others from adopting similar marks.
  • Limited but Effective Protection: While state registration does not confer national protection like federal registration, it secures rights within Texas.

If your business does not plan to operate outside Texas, this state-level protection can be sufficient and more affordable than federal registration.

Steps to Do a Trademark Search Within the State

The steps to search within the state are:

  1. Create an account and log in.
  2. Conduct a search that includes all of the trademarks that have been Federally registered.
  3. Click the Trademarks tab.
  4. In the bulleted list labeled Tools, choose Trademark Electronic Search System, or TESS.
  5. Fill out the search form.
  6. Do the registered trademark search by clicking Submit.
  7. The Texas Secretary of State website asks the user to fill out a registration form and use a credit card to pay a one-dollar fee to search the database for trademarks registered with the state.

How to Use SOSDirect for a Texas Trademark Search

To perform a Texas trademark search, use the SOSDirect online portal provided by the Secretary of State. Here’s how:

  1. Visit the SOSDirect login page and create an account.
  2. Select "Business Organizations" and then "Trademarks."
  3. Use the "Inquiry by Trademark Name" option to enter your desired mark.
  4. A $1 fee per search applies, payable by credit card.
  5. Review the results for similar or identical marks.

Keep in mind that SOSDirect only lists marks registered with the State of Texas. It does not include federal trademarks or common law marks.

Performing a Global Trademark Search

Visit a fee-based trademark search like the Thomson SAEGIS database to do a global trademark search. After registering and paying the fee, perform a search in the global database. Perform a cross-referencing check to make sure your desired mark isn't already in use by a similar product so it won't be mixed up with one from another business.

Using ICANN to Search for Similar Logos

ICANN is the accrediting agency that handles international domain name registrations. Create an account and log in to search through lists of accredited domain name registrars looking for registered domain names similar to your own company name. Visit similar sites to check for similar logos to make sure yours is in no way similar to them.

Searching the Internet

Most patent and trademarking information is published electronically today. This makes it easier to find by searching the internet. There is an electronic network connecting over 80 libraries across the U.S. and Puerto Rico. The libraries include academic, state, and public ones as well as special libraries. Six of these PTRCs are based in Texas, including one provided by the library system of Texas A&M University.

Check for Common Law Trademarks

Common law trademark rights are established through actual use in commerce, even if the trademark is not formally registered. Because these rights are not listed in any government database, they can be more difficult to uncover. To search for common law usage:

  • Perform thorough Google and Bing searches using your proposed name.
  • Check business directories like Yelp, YellowPages, and BBB.org.
  • Review social media platforms for businesses using similar names.
  • Use WHOIS domain lookups to check if someone owns a domain with your mark.

Ignoring common law marks can lead to legal disputes, so it’s crucial to consider them in your search.

Patience Is Required

Getting a trademark is a slow process, taking between ten and 16 months. Even while you're waiting for approval, though, your mark is protected because your application shows up in the trademark searches others perform. This serves as notification for them that your trademark has been claimed, and that's typically all that's required to stop people from using your mark. This delivers the results you get from the actual registration even though it's pending for several months.

Key Differences Between State and Federal Registration

While both state and federal trademark registrations offer legal benefits, they differ in several important ways:

Feature Texas State Registration Federal Registration (USPTO)
Protection Scope Within Texas Nationwide
Filing Cost Lower (approx. $50/class) Higher (starts at $250/class)
Processing Time Shorter (2–3 months) Longer (8–12+ months)
Use Requirement Use or intent to use in Texas Use in interstate commerce
Enforcement State courts Federal courts

Registering at the federal level is recommended if you plan to expand beyond Texas, but state registration is an efficient first step for local businesses.

Frequently Asked Questions

1. Is a Texas trademark search free? No. While some online research tools are free, searching the Texas Secretary of State’s trademark database via SOSDirect costs $1 per search.

2. Do I need a federal trademark if I register in Texas? Not necessarily. If your business only operates within Texas, a state registration might suffice. For nationwide protection, federal registration is recommended.

3. How long does it take to register a trademark in Texas? The process typically takes 2–3 months, but this may vary depending on workload and whether any objections or corrections are needed.

4. Can I trademark a name that is already taken in another state? Yes, if it’s not federally registered or being used in Texas, but it's important to confirm that no common law rights or prior federal claims exist.

5. What happens if someone else uses my trademarked name in Texas? If you’ve registered your trademark, you can send a cease and desist letter and potentially take legal action through Texas courts to enforce your rights.

If you need help with a Texas trademark search, 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.