How to Register a Trademark in Texas (2024 Guide)

by
Register a Trademark in Texas

If you want to start an LLC in Texas, trademarks are necessary when it comes to forming it. A trademark is a symbol, word, phrase, logo, or design that identifies and distinguishes the source of goods or services of one party from those of others. Registering a trademark is essential in protecting your brand and ensuring that your LLC stands out in the marketplace. This article will provide a step-by-step guide on Registering a Trademark in Texas and discuss the importance of trademark protection for your business.

Webinarcare Editorial Team will help you register your trademark. You must be guided by all the factors gathered in this article.

How to Register a Trademark in Texas

What is a Trademark?

A trademark is a distinctive symbol, logo, word, phrase, or design that identifies and distinguishes the source of goods or services of one business entity, such as a Limited Liability Company (LLC), from those of others. This vital business asset represents the reputation, quality, and brand value of a company in the competitive marketplace. Registering a trademark at the state level grants the owner exclusive rights to use the mark within the state’s jurisdiction and offers legal protection against infringement.

An example of a trademark is the iconic “Nike Swoosh” logo, which is a recognizable symbol representing the Nike Inc. brand. The swoosh, created in 1971 by graphic designer Carolyn Davidson, has since become synonymous with athletic footwear, apparel, and equipment sold by the company globally. Over time, the logo has acquired significant brand recognition and value. As a trademark, the Nike Swoosh legally protects the company from competitors attempting to use similar designs, ensuring the uniqueness and authenticity of Nike products in the market.

We reviewed some of the Best Trademark Services in Texas with their top features, ratings, and prices for you to check out.

LLC Service

Rating & Price

Top Features

Learn More

#1 Recommendation

$599 + Federal Fee

  • Trademark Search

  • Trademark Registration

  • Trademark monitoring

Learn More

$239.99/year

  • Single Subscription

  • Trademark Registration

  • Attorney service for Trademark

Learn More

It is better to understand how trademark works. However, it is still suggested that you speak with a legal professional before you begin registering your trademark after starting an LLC in Texas.

– WEBINARCARE EDITORIAL TEAM

Steps on How to Register a Trademark in Texas

Registering a trademark is important in protecting your brand identity and preventing others from using it without your permission. Here are the steps to follow when registering a trademark:

Step 1: Conduct a Trademark Search

Before you invest time and resources in registering a trademark, ensuring that your desired mark is unique and does not infringe on existing trademarks is essential when starting a business in Texas.

Your trademark should be distinctive and distinct from other trademarks in the market. It should not be generic or merely descriptive of the goods or services it represents—the more unique your trademark, the stronger its protection will offer. The USPTO maintains a database of registered trademarks and pending trademark applications called the Trademark Electronic Search System (TESS). Conduct a thorough search of TESS to determine if any existing trademarks could conflict with your desired mark.

In addition to the USPTO database, checking your state’s trademark database is essential. Visit the Texas Trademark Search to access Texas trademark database and search for potential conflicts.

Step 2: Choose the Appropriate Trademark Class

Trademarks are categorized into different classes based on the type of goods or services they represent. The United States and most other countries use the Nice Classification system, which divides trademarks into 45 classes.

nice classification

Registering your trademark requires identifying the class or classes that best represent your product or service. Remember that if your business, offers multiple goods or services spanning different classes, you may need to register your trademark in each relevant class.

Step 3: Prepare and File a Trademark Application

Once you have conducted a thorough trademark search and identified the appropriate class or classes for your trademark, you can proceed with the trademark application process in Texas.

Gather Required Information and Documentation

Prepare the necessary information and documentation for your Texas trademark application, including:

  • A clear representation of your trademark (e.g., a drawing, logo, or stylized text)
  • A detailed description of the goods or services your trademark represents
  • The date of first use of the trademark in commerce (if applicable)
  • Poof of use of the trademark in commerce (if applicable), such as product packaging, labels, or marketing materials

File a Trademark Application with the USPTO

To register your trademark at the federal level in Texas, you must submit a trademark application to the USPTO. The application can be filed online using the Trademark Electronic Application System (TEAS), which offers three different application forms with varying requirements.

uspto

Choose the form that best suits your needs and complete the required information, including:

  • A description of your trademark and the goods or services it represents
  • A clear image or drawing of your trademark, if applicable
  • The appropriate filing fee

For federal registration with the USPTO, the fees depend on the application form and the number of classes you are registering your trademark. Once your application is submitted, the USPTO will review it and may request additional information or clarification. Respond promptly to any requests to avoid delays in the registration process.

File Texas Trademark Application

To register your trademark at the state level, you must file a separate application with the Texas Secretary of State. In Texas, the state trademark application fee costs around $22. 

Recommended: In protecting your brand, you need to register your trademarks. With Legalzoom’s Trademark Registration Service, they will safeguard your brand, fortify your market position, and ascend the ladder of business success with confidence and peace of mind. That’s why we recommend –

LegalZoom – $599 + Federal Fees

Step 4: Respond to Office Actions and Opposition

During the trademark registration process, you may encounter challenges in the form of office actions or opposition.

Office Actions

An office action is a formal communication from the USPTO or Texas trademark examiner requesting additional information, clarification, or changes to your trademark application. If you receive an office action, you must respond within the specified time frame (usually six months for USPTO office actions) to avoid abandoning your application. Consider consulting a trademark attorney or agent to help you respond effectively to office actions.

Oppositions

After your trademark application is approved by the USPTO or Texas trademark examiner, it will be published in the Official Gazette or a similar publication for a period of public opposition. During this time, third parties may file an opposition against your trademark application if they believe it conflicts with their existing trademark rights. If an opposition is filed, you may need to defend your trademark before the Trademark Trial and Appeal Board (TTAB) or a similar state-level body. It’s advisable to seek legal representation if you face trademark opposition.

Step 5: Finalize the Trademark Registration

Suppose your trademark application passes the opposition period without any challenges. In that case, you will receive a Notice of Allowance (for intent-to-use applications) or a registration certificate (for use-based applications) from the USPTO or Texas trademark office.

Statement of Use or Declaration of Use

If you filed an intent-to-use trademark application, you must submit a Statement of Use to the USPTO within six months of receiving the Notice of Allowance. This demonstrates that you are now using your trademark in commerce. You can request extensions of up to five additional six-month periods if you need more time to commence use.

Use the Trademark Electronic Application System (TEAS) SOU form to file an SOU.

Additional Fees

Additional fees may be associated with finalizing your trademark registration, such as submitting a Statement of Use or requesting extensions of time. Review the USPTO or Texas trademark office fee schedule and submit any required payments.

Step 6: Maintain and Renew Your Trademark

Once you have successfully registered your trademark, it’s crucial to maintain and renew your registration to ensure ongoing protection. Trademark registrations must be maintained by submitting periodic maintenance documents and fees to the USPTO or Texas trademark office. For federal registrations, the first maintenance filing is due between the fifth and sixth year after registration, followed by a second filing between the ninth and tenth year. Subsequent renewals are required every ten years.

Consider seeking professional assistance from Texas Business Attorney if you have queries. Be mindful of the deadlines for maintaining and renewing your trademark registration. Please submit the required documents and fees on time to avoid the cancellation of your registration.

The Importance of Trademark Registration

Registering a trademark in Texas offers several benefits for your business:

  • Legal Protection: A registered trademark grants exclusive rights to use the mark for the goods or services specified in the registration. This can help prevent others from using a similar mark that might confuse consumers.
  • Brand Recognition: Registering a trademark can help establish your brand identity and make it easier for customers to recognize and associate with your goods or services.
  • Deterrence: Registering your trademark can deter potential infringers, signaling your intent to protect intellectual property rights.
  • Right to Sue: Registering a trademark gives you the legal standing to bring a lawsuit against infringers in federal or state court.
  • Nationwide Protection: In the United States, registering a trademark with the United States Patent and Trademark Office (USPTO) provides nationwide protection. Depending on your business needs, you may also register your trademark at the state level.

How Long Does It Take to Register a Trademark?

Depending on the potential issues that may arise, the trademark registration process typically takes between 6 and 12 months. Although some applications are approved in much less time, it is best to expect a longer wait; the USPTO receives hundreds of thousands of trademark applications each year, which increases processing time. In addition, the trademark office may request additional documentation or communication. As a result, applicants should be prepared to provide all requested information as soon as possible to expedite the registration process.

FAQs

How do I determine if my trademark is eligible for registration in Texas?
In Texas, trademarks must distinguish your goods or services from others and cannot be generic, descriptive, or misleading.
How do I conduct a trademark search in Texas?
You can search the Texas Secretary of State’s online database of registered trademarks and filed or abandoned applications.
What is the timeline for registering a trademark in Texas?
The trademark registration process in Texas can take anywhere from 6-12 months, possibly longer if there are challenges or objections.
Can I register a sound as a trademark in Texas?
Yes, in Texas, sound marks, trademarks that are based on a sound, can be registered if they meet certain requirements.
Can I register a color as a trademark in Texas?
Yes, in Texas, color marks, trademarks that are based on a color or combination of colors, can be registered if they meet certain requirements.
Do I need an attorney to help me register my trademark in Texas?
No, you can file a trademark application in Texas on your own but an attorney can help you navigate the process and increase the likelihood of success.
Is a trademark registration in Texas valid outside of the state?
Trademark registrations in Texas provide protection within the state of Texas, but to obtain federal protection, registration with the USPTO is required.
How long does a trademark registration last in Texas?
A trademark registration in Texas lasts for 10 years and can be renewed every 10 years thereafter.
What happens if someone uses my trademark without permission in Texas?
As the trademark owner, you can take legal action to stop the infringement and seek damages or other remedies.
Can I register a trademark for a product or service that I haven’t launched yet in Texas?
Yes, in Texas, you can file a trademark application before launching your product or service as long as you intend to use the trademark in the future.
Can I file a trademark application for an idea or concept in Texas?
No, in Texas, you must use your mark in commerce to be eligible for trademark registration.
Can I use the ™ symbol before my trademark is registered in Texas?
Yes, the use of the ™ symbol indicates that you claim rights to the trademark even though it is not yet registered.
Can I use the ® symbol if my trademark is not registered in Texas?
No, the use of the ® symbol indicates that the trademark is registered with the USPTO or another authorized trademark registrar.
What if someone objects to my trademark registration in Texas?
If someone objects to your trademark registration, they may file an opposition which can result in a hearing before the Trademark Trial and Appeal Board.
If my trademark is rejected by Texas, can I appeal the decision?
Yes, you can file an appeal of the rejection within 30 days.
Do I have to live in Texas to register a trademark there?
No, you do not have to be a resident of Texas to register a trademark there.
What is the difference between common law rights and a registered trademark in Texas?
Common law rights arise from using a trademark in commerce, but a registered trademark provides additional legal protections.
What is a Madrid Protocol application for trademark registration in Texas?
The Madrid Protocol is an international filing system that allows trademark applications to be filed in multiple countries including Texas.
How long does it take for a trademark registration in Texas to become official?
Trademark registrations in Texas typically become official once the application is filed; however, the certificate of registration may take several months to receive.
Can I transfer my trademark registration in Texas to someone else?
Yes, trademark registrations in Texas can be transferred or assigned to another individual or entity.
When should I renew my trademark registration in Texas?
You should renew your trademark registration in Texas within six months before the registration expiration date.
Is there a trademark registry in Texas Higher Education Coordinating Board of Regents?
No, the Texas Higher Education Coordinating Board of Regents is not involved in trademark registration in Texas.
How do I know if my trademark application was approved in Texas?
You will receive a notice of publication if your trademark application is approved in Texas.
Can I file a trademark application for a domain name in Texas?
You can file a trademark application for a domain name in Texas if the name is being used in commerce to distinguish your goods or services.
Are there any state-specific trademark laws I need to be aware of in Texas?
Yes, Texas has specific laws regarding deceptive trade practices, which can impact your ability to protect and enforce your trademark rights.
Can I amend my trademark application after submission to Texas?
Yes, you can amend your trademark application after submission in Texas if certain requirements are met.
How do I register a trademark in Texas?
To register a trademark in Texas, you must file an application with the Texas Secretary of State’s office.
Do I need an attorney to register a trademark in Texas?
No, Texas law does not require you to use an attorney to register a trademark, but it’s recommended that you consult with one.
Is a federal trademark registration necessary for doing business in Texas?
No, it isn’t essential, but federal registration provides greater protection nationwide.
Does Texas provide the trademark owner protection throughout the United States?
No, protection is limited to Texas only, but you can register your trademark at the federal level for broader protection.
How long does a Texas trademark registration last for?
Texas trademarks last for ten years from the filing date and are renewable for additional ten-year terms.
Can I trademark a slogan or phrase in Texas?
Yes, a slogan or phrase may fall under the trademark category if you use it to identify and differentiate your products or services from others.
Does Texas trademark protect my brand name in all industries?
It depends on the industry in which you seek protection; you must specify the products or services you plan to offer under the trademark.
Can I lose my trademark protection in Texas?
Yes, failure to use the trademark as specified or adequately defend it may cause you to lose legal protection.
Can someone else legally use a similar mark to mine in Texas?
It depends on whether there will be a risk of consumer confusion that your trademark and the other were related.
How much does a Texas trademark registration cost?
There is a non-refundable filing fee of $50-$300 to register your trademark in Texas.
What is TEAS?
TEAS stands for Trademark Electronic Application System, a digital platform that filers use to register trademarks with the USPTO.
What is the difference between a trademark and an LLC or Corporation?
A trademark is a unique word, name, logo, or distinctive symbol used in commerce to give brand identification. An LLC or Corporation is a registered entity through the state or federal government for tax and administration organization purposes, and either can use trademarked symbols under license.
Should I file a Texas trademark before or after establishing my brand?
Ideally, you must register your trademark before promoting your products or services to secure trademark registration protection earliest.
What are my obligations for using a trademark?
As the trademark owner, you are responsible for using it consistently for a specific purpose in the industry, plus defending it in infringement situations for protecting your interest in the design.
Are Texas infringement cases decided the same way in state and federal court?
No, infringement cases may require different considerations for each court system.
What type of supporting documentation do I have to submit to the Texas Secretary of State when filing for the trademark?
Along with the standard form, you must submit a specimen of how you currently use or intend to use the trademark.
Should I register my trademark both federally and in Texas?
It is recommended to have a federal trademark to protect against infringement outside of Texas, supplemented by a registered Texas trademark to protect trademark rights in Texas.
Can my patent protection overlap with my registered trademark?
Patents provide legal protection to useful invented or non-obvious items, whereas a trademark provides rights to distinguish a particular brand or identifying property from others.
Do I need to renew my trademark registration in Texas?
Yes, to secure legal coverage under a valid trademark in Texas, you must renew it every ten years timely.
Can a person register more than one mark in Texas?
Yes, a person can apply for multiple trademarks in Texas if they are for different products or services.
Is using a trademark necessary to keep it valid in Texas?
Yes, even if you go registered, continuous use of the trademark is still mandated to show it is in use and protect it.
Can a registered out-of-state trademark be valid in Texas?
Yes, you can have an out-of-state trademark that’s eligible for use within Texas if separated by its functional nature is unique.
Do I have to attend hearings when trademarking is complete?
If your application doesn’t face infringement cases with the trademark beyond initial filing, you don’t need to attend any Texas-run hearings or meetings.
Can I register generic marks?
No, generic words are too common, and thus it would be not qualified for a trademark protection.
Is a trademark only primarily affecting commercial entities in Texas?
Commercial companies are positioned to use trademarks as their exclusive company identifier; however, premier and sole proprietor service entities also can secure trademark classifications of various badges and products.
Can you contact the Texas Secretary of State for clarifications regarding applied trademarks?
Yes, the Texas Secretary of State advises, notes, and clarifies any potential questions and concerns upon issuing their reviewed evaluation.
Is the application not being approved the final conception while applying for Texas trademarking adhering to federal law requirements?
No, if an application is denied by the state yet adheres to federal law requirements, another option may be on going through a more extensive legal process involving actions such as a court dispute.

Also Read

Conclusion

Registering a trademark in Texas is critical in protecting your brand and establishing a strong market presence. Even a Registered Agent should be familiar with the guidelines for making a trademark for your Texas business. Following this guide and staying informed about trademark laws and regulations, you can successfully navigate the registration process and secure your intellectual property rights. With your trademark registration, you can focus on growing your business and building a reputable brand.

Leave a Comment