How to register a trademark in Texas is something many business owners want to know, and, as a lawyer, I have seen how a well-protected brand can make a real difference.
To register a trademark in Texas, you need to use your mark in commerce within the state and file an application with the Texas Secretary of State.
KEY TAKEAWAYS
This step allows you to secure your unique name, logo, or slogan from being used by others in Texas.
In my practice, I always advise clients to make sure their trademark is distinctive and not already registered by someone else before starting the process.
Not all marks are accepted—your mark must stand out and already be in use in Texas before you apply. Taking these steps helps avoid problems and protects your brand from legal headaches down the road.
The Texas trademark registration process is straightforward; however, attention to detail is crucial. You can find forms and requirements through the Texas Secretary of State’s trademark page and start the process after careful research and preparation.
Understanding Trademarks in Texas
Trademarks and service marks are important intellectual property tools that help protect your business name, brand, and reputation. If you plan to do business in Texas, knowing how trademarks work under state and federal law is essential for securing your legal rights.
What Is a Trademark and Service Mark
A trademark is any word, logo, symbol, or design that shows customers the source of goods sold under that mark. A service mark does the same thing, but for services offered instead of products.
For example, if you start a cleaning business and advertise under a unique name, that name can be protected as a service mark.
Trademarks and service marks can include business names, logos, product names, taglines, and even certain sounds or colors.
Registering a mark in Texas helps you prove you own it and have exclusive rights to use it for your goods or services under Texas law.
I often recommend making sure your mark is unique and not confusingly similar to existing trademarks. This is especially important for business owners who want clear ownership of their brand.
State vs. Federal Trademark Rights
Texas offers its own process for state level trademark registration through the Texas Secretary of State. Registering in Texas only protects your mark within the state.
This means your trademark rights are limited to Texas, and others could use a similar mark in other states.
Federal trademark registration with the U.S. Patent and Trademark Office gives you nationwide trademark rights and comes with additional protections, such as blocking imports that infringe your mark.
If you do business across state lines, federal registration may be a better choice.
I tell my clients to think about where they do business and where they plan to grow when deciding between state and federal registration.
State registration can be a solid first step if your operations are local. Federal protection is often needed if your brand goes beyond Texas.
Legal Protections Offered by Trademarks
Registered trademarks and service marks give you important legal protections. You can stop others from using marks that are confusingly similar to yours. This helps keep your brand strong and stops unfair competition within the state of Texas.
Under state and federal law, registration proves your legal rights and ownership, which makes it easier to go to court if someone tries to use your mark without permission.
Texas also recognizes common law ownership rights, but registered marks offer stronger and clearer protection.
In my experience, taking steps to register your trademark secures your exclusive rights to your brand name. It adds value and credibility to your business in the eyes of customers and partners.
For more facts about the registration process, the Texas Secretary of State explains the key requirements for registering a mark under Texas law.
How to Register a Trademark in Texas
Successfully registering a trademark in Texas starts by gathering the right information, following specific rules, and weighing professional support. Taking these steps helps make your application smoother and increases the chance of approval.
Trademark Search and Identifying Similar Marks
Before you register, you need to perform a trademark search to make sure your mark is not already in use. This search should include both state and federal databases because Texas’s ownership is not protected nationally.
I recommend using the Texas Secretary of State’s trademark search tool to look for similar marks and review existing entries.
It is important to look for exact matches as well as marks that are similar in sound, look, or meaning. This includes checking for similar brand identities, services, and product lines in your field.
I always tell clients to search for not only names but for any designs, logos, or combinations of features tied to their business.
Even if you only operate in Texas, someone may have rights at the federal level. Double-checking now can prevent costly disputes later.
Eligibility Criteria and Distinctiveness
Texas only registers marks that are unique and distinguish your goods or services. Your mark can be a name, logo, character name, sound, design, or even a combination—like a radio jingle or a website domain name.
Marks that simply describe the product or service, or are too generic, are not eligible. I often remind applicants that the state wants to see clear differences from other marks—unique words, made-up terms, or original graphics work best.
If your mark is just a common phrase, it likely will not qualify.
You should also avoid marks that could be misleading or that copy famous trademarks. Focusing on distinctiveness from the start saves you trouble during review.
Selecting the Right Mark for Registration
Choose a mark that showcases what makes your business different. It should stand out and be easy to remember, but not so general that it blends in with similar businesses.
For example, if you offer a unique service or have a creative TV or sound recording brand, highlight those features in your application.
Do not overlook character names or website domain names, as these can be protected if used in business.
I have seen many businesses succeed by picking marks with unique spelling, bold graphics, or clever combinations of words.
Check that your chosen mark is not offensive, too descriptive, or likely to be confused with another. This helps keep your brand identity clear and safe.
Role of Trademark Attorneys and Expert Guidance
Having a trademark attorney on your side gives you an edge. An experienced attorney can identify possible legal risks, guide you on distinctiveness, and spot errors in your application.
They also know how to navigate complex issues, such as protecting service marks for television programs or combination marks across business entities.
I always suggest getting legal advice if you are unsure about eligibility or want to avoid future lawsuits. Attorneys offer tailored advice based on years of experience with state and federal rules.
They can make the process faster and lower the risk of rejection—especially if your business deals with unique brand assets.
Working with an expert saves time and helps maintain strong legal protection for your trademark.
Step-by-Step Trademark Registration Process in Texas
You will need to gather key documents, meet certain requirements, and file the proper forms with the Texas Secretary of State.
Completing the Texas Trademark Application
To start, you must fill out the Texas trademark application online or use paper forms. I recommend the online system for its speed and tracking features.
You need to give the exact legal entity name—such as a corporation, limited liability company, or sole proprietorship—that owns the mark.
You must describe the specific goods or services the trademark will cover and state the date of first use in Texas. Be clear about whether your business operates under an assumed name certificate or a formal business name.
The application also requests a drawing or image of the mark as it is used in conjunction with your goods or services. It’s important to avoid vague or general information.
Filing With the Texas Secretary of State
Once your application is completed, you file it with the Texas Secretary of State’s office, which acts as the state’s trademark office.
The process can be done online through the Trademarks Online system or by mailing your forms.
I’ve overseen many filings and find the online platform reduces mistakes and helps you receive faster confirmation. After submission, you’ll get a confirmation notice and a case number you can use for future reference.
If there’s a problem with your paperwork, you’ll be contacted about what to fix. Your application is not considered final until all errors are corrected and the required fees are paid.
Documentation and Required Information
To register your trademark, you must submit certain documents along with your application. You need at least three examples (called specimens) showing the mark on the actual goods, packaging, or when providing services. This could be a label, tag, business card, or advertisement.
You also must provide a signed statement that verifies the information, your authority to register the mark, and that you are the owner of the mark.
If the trademark is owned by a company, indicate the type of entity, such as a nonprofit organization or limited liability company.
If the business name is different from your legal entity, an assumed name certificate is often needed. From my experience, thorough documentation reduces the risk of delays.
Fees, Payment, and Processing Times
Filing your application involves an application fee, which you must pay to the Secretary of State either by credit card, electronic payment, or check.
Typical fees for a single application are around $50, but additional fees may apply if you file for more than one class of goods or services. Payment processors may charge extra costs for certain payment types.
Processing for Texas state trademark registration usually takes a few months, but the expedited process can be quicker if you pay extra.
I advise paying attention to all required fees, since missing payments can delay the certificate of registration. Once approved, you receive official confirmation and your registered mark is issued, giving you protection within Texas.
For the records of both you and the state, always keep a copy of every document and receipt.
After Registration: Protecting and Enforcing Your Trademark
After you register your trademark, keeping your rights safe is just as important as getting the registration.
Protecting your mark includes watching for possible problems and acting quickly if someone uses your trademark without permission.
Trademark Rights and Legal Disputes
When you register a trademark, you get certain protections under the law. You have the right to use your mark in connection with the goods or services listed in your registration. This means you can stop others from using a similar mark that might confuse customers.
Legal disputes can happen if someone challenges your trademark or uses a mark that’s too close to yours.
I often advise monitoring for potential issues, as disputes can lead to costly trademark infringement cases. Being proactive helps you maintain your trademark’s strength.
Owning a registered mark makes it easier to resolve arguments and gives you legal standing in state and federal courts. If a dispute arises, you can seek remedies like injunctive relief or even damages for lost business.
Dealing With Infringement and Unauthorized Use
If someone uses your trademark without permission, this is known as infringement. To address unauthorized use, you must act quickly to protect your rights. I always recommend sending a cease-and-desist letter as a first step before going to court.
You can take legal action in a trademark infringement case if the situation does not resolve. Remedies include injunctive relief to stop unlawful use and possibly monetary damages. Keeping clear records of your mark’s use helps you prove your rights in case of a dispute.
Trademark owners should regularly monitor the market for possible misuse, including online platforms. Many business owners rely on watch services or legal counsel to identify infringement early.
Benefits of Federal Registration for Texas Businesses
Federal trademark registration offers protection across all 50 states, plus Puerto Rico and other U.S. territories. Unlike common law or state registration, a federal registration creates nationwide rights, making it a better option for businesses in interstate commerce.
With a federally registered mark, you can use the ® symbol, which lets others know your rights are protected under U.S. trademark law. I remind clients that federal protection gives their business the ability to enforce their trademark in federal courts, which can be more effective in stopping infringement.
Registering with the USPTO helps Texas business owners expand outside the state and face fewer legal hurdles when dealing with unauthorized use or infringement in distant markets. Federal registration strengthens your brand and makes it easier to prove your ownership in any legal dispute. You can learn more about the benefits of federal registration from the USPTO.
Conclusion
Registering a trademark or service mark in Texas gives your business stronger control over its brand name, logo, or even sound recordings. Successfully filing with the Texas Secretary of State helps you secure exclusive rights to use your mark within Texas.
If you operate only within Texas, state trademark registration is often enough. For businesses crossing state lines or aiming for broader protection, I recommend also considering federal trademark registration through the United States Patent and Trademark Office.
The process requires that your mark is unique and not confusingly similar to others already registered at the state or federal level. Careful research can help you avoid legal disputes over similar marks or business names.
State-level registration supports your intellectual property rights and allows you to take action against misuse. I have seen clients benefit from the extra layer of legal protection in Texas, especially when facing unfair competition.
The registration process can help prevent costly mistakes and strengthen your legal position.
Frequently Asked Questions
What are the steps to register a trademark in Texas?
First, check that your mark is not already in use. Prepare your application with your mark and a description. Submit your application through the Texas Secretary of State’s online portal.
Upload examples showing how you use your mark in commerce. Pay the filing fee and wait for an examiner to review your application.
Where can I perform a trademark search before registering in Texas?
You can search for existing state-registered trademarks through the Texas Secretary of State’s online database.
A thorough check helps you avoid conflicts with registered marks. This can save time and lower the chance of your application being rejected.
How much is the fee for filing a trademark application in Texas?
The fee for filing a trademark application in Texas is usually required when submitting your papers. Current fees and payment methods are listed on the Texas Secretary of State trademark forms page.
Make sure you have the correct amount ready to avoid a delay in processing.
What is the difference between Texas state and federal trademark registration?
Registering with Texas only protects your mark within the state. If you want protection in other states, you will need federal registration.
Texas laws cover state trademarks. Federal registration goes through the U.S. Patent and Trademark Office and has a wider reach across the United States.
How long does the Texas trademark registration process take?
Processing times can vary. It can take several weeks for the Texas Secretary of State to review and process your trademark application.
You may experience delays if your application is missing information or if there are objections.
Can you register both a name and logo as a trademark in Texas, and if so, how?
Yes, you can register both a name and a logo, but you must submit separate applications for each.
Each application should clearly show what you are protecting, along with samples of how you use it in business. This helps make your trademark rights clear and enforceable.
