How to Register a Trademark in Texas?

Introduction

If you have a business, product or service and want to protect it from being used by others, then you need to register a trademark. A trademark is a word, phrase or symbol that identifies your goods and services as being yours. It can also be called an “intellectual property asset” because it protects your hard work and creativity. Before you can register a trademark in Texas, you need to know what a trademark is and how it's used. There are two ways that businesses can use trademarks: federally registered and state registered. Federal registration provides nationwide protection for your mark, but state registration will give you protection within a particular state's borders. For example, if your business operates solely within Texas then it may make sense for you to only register your mark here instead of registering with the U.S Patent & Trademark Office (USPTO). If your company does operate on an interstate level then federal registration may be worth considering because it allows clients from all over the country to find out more information about what you offer.

File an application

To register a trademark in Texas, you must submit an application to the Texas Secretary of State. The application will be considered by the USPTO on behalf of the state, and if approved it will be published in the Official Gazette. After publication, if no one objects to your mark being registered within 30 days, then your trademark is officially registered with this office. What documents are required? The application must include the following documents:
  • a cover letter explaining why you want to register the trademark
  • a specimen of use (such as an advertisement or product packaging)
  • a specimen of your mark itself

Choose a Trademark

You have several options for choosing a trademark:
  1. a) Descriptive Marks: These are words that describe the product or service, such as CHEESECAKE or MOVIE THEATER. They do not need to be registered in order to be used as trademarks, but they may be confusing if they are similar to other registered marks already in use and could lead to consumer confusion.
  2. b) Suggestive Marks: These are suggestive of the underlying product or service but don’t actually describe it directly (such as TOKIO HOTEL), but also don’t require registration before use because there is no likelihood of consumer confusion between them and any other existing trademarks. However, since descriptive and suggestive marks can both become distinctive over time, you should choose one that will last longer than just a few years before becoming genericized by commonly used synonyms or generic versions of the same word (such as “soda”).
  3. c) Arbitrary Marks: Unlike descriptive and suggestive trademarks which require some connection between their namesakes – either factual information about what they represent (like describing what something looks like) or creative associations made with consumers who see them every day at work/play – arbitrary marks stand alone without referring specifically to anything else aside from being tied together via imagination instead. This type includes simple letter combinations like KFC.

Pay the Filing Fee

Almost every state requires that you pay a filing fee when you submit your trademark application. This is usually between $75 and $125, depending on the length of your mark’s classification. You can find out how much it will cost by looking up the specific class of goods or services that you’re applying for.

Takeaway

Trademarking your brand is an important step in protecting your intellectual property. While you don’t need to do it right away, it’s a good idea to start thinking about how you want to protect your business as soon as possible—especially if you plan on expanding into other states or countries.

Conclusion

If you're looking to register a trademark in Texas, then it's important that you understand the process. The first step is to file an application with the state's Secretary of State office. After that, you'll need to choose which type of mark fits best for your business before paying the filing fee and submitting all required documents.
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