When it comes to protecting your business’s brand, logo, or trademark, registering with the United States Patent and Trademark Office (USPTO) is the best way to do so. However, registering a trademark is not as simple as it may sound, and for business owners in Dallas, there are a few additional considerations. From understanding the USPTO’s guidelines to understanding local Dallas regulations, here are the top five things to consider when registering a trademark in Dallas.

1. USPTO Trademark Guidelines

Under USPTO guidelines, a trademark must be (a) distinctive, (b) able to identify the source of a product or service, and (c) able to be represented graphically. In order to be registered with the USPTO, the trademark must also be distinctive and unique in its category. Additionally, an application must be filed with the USPTO which must include a completed application form, a drawing of the trademark, the information regarding a pre-filed search of the trademark, and a description of the goods or services for which the trademark pertains.

2. Internet Domain Name Registration

Once a trademark is registered with the USPTO, it is important to register a domain name to further protect the trademark. Having the trademarked product or services connected to the domain name will give it another level of protection in the online space. It is also important to note that even if a domain name is found to infringe on a trademark, a quick transfer of the domain name to the trademark owner can avoid potentially costly legal battles.

3. State of Texas Trademark Guidelines

The State of Texas has its own set of rules and laws when it comes to registering a trademark in the state. Depending on the purpose of the trademark (i.e., for non-profit or business) and the type of goods or services associated with it, the trademark may require a specific set of requirements. Additionally, for businesses in Dallas, there are certain city ordinances and regulations that must be adhered to.

4. Prohibited Marks in Texas

Texas prohibits certain marks from being registered which contain specific words, symbols, or phrases. These include religious symbols, national flags, and governmental insignias. Additionally, any mark that contains the word ‘Texas’ or ‘Dallas’ will require additional paperwork to prove that the trademark is used solely in the commercial context.

5. Seeking Legal Counsel

It is important to seek legal counsel when registering a trademark, especially in Dallas, as the regulations of the USPTO and the State of Texas are not always straight-forward. Consulting with a Dallas-based attorney can help ensure that the trademark is properly registered and can also help protect a business’s intellectual property in the future.

Topic: Registered Trademark, Dallas, USPTO, Business Lawyers