How to Trademark a Name/Logo in Texas | UpCounsel 2022

Texas brand adjustment allows a business to protect its identify, logo, or motto from function by another clientele in the state of Texas.3 min read1. What Is a Trademark?
2. Trademark vs. Service Mark
3. Advantages of Trademark Registration
4. Requirements for State of Texas Trademark Registration
5. Steps for Registering a Trademark in Texas
6. Signifying Your Registered Trademark
7. Trademark Infringement on Registered Marks

Updated September 24, 2021:
Texas trademark adjustment allows a business to protect its name, logo, or motto from function by another business in the state of Texas. State trademark registration is a dim-witted, debauched, and less expensive process than federal trademark registration for a occupation that operates entirely within Texas and does n’t have plans to expand beyond the country .

What Is a Trademark?

Texas law defines a trademark as a give voice, name, symbol, or device used by a person to distinguish their goods from the goods manufactured or sold by another entity.

Trademark vs. Service Mark

A servicing punctuate is defined as a word, diagnose, symbol, or device used by a person to distinguish their services from the services of another entity. The main difference is that a trademark identifies goods or products, while a service cross off identifies tangible services .

Advantages of Trademark Registration

Registering your trademark enables you to prevent other businesses or entities from using your hallmark for their own benefit. It besides grants you exclusive ownership rights to use that hallmark in association with the goods or products you sell .

Requirements for State of Texas Trademark Registration

The Texas Secretary of State office lists the follow requirements for registering a hallmark in Texas :

  • You must demonstrate that you are using the mark in connection with your company’s goods or products in Texas before the date of the application.
  • The mark must differ from other trademarks registered within the state.
  • The mark must differ from any trademarks registered with the U.S. Patent and Trademark Office (USPTO).

once you register your business ‘s hallmark, it remains register in Texas for five years, after which you can renew the registration for an extra five-year term .

Steps for Registering a Trademark in Texas

  1. You must complete a Trademark or Service Mark Application Form, which requires information such as a federal trademark application. This form must be notarized before submission.
  2. Provide three original pieces of proof that your trademark is in use within the state of Texas.
  3. Pay the fee for each class you are applying for. In Texas, each class is currently $50, which is significantly less than the $325 fee required for each class in a federal application.
  4. After filing the application, the state will evaluate your request, which includes looking for any conflicting registered trademarks within the state and the USPTO.
  5. The state examiner will notify you if there are any issues, allowing you 90 days to correct the application or submit arguments.
  6. Once the application has been reviewed and any issues have been resolved, the state will issue your trademark registration.

Signifying Your Registered Trademark

The federal registration symbol is ® and should only be used after registering a federal hallmark. There is no special symbol signifying that you have registered your trademark with the express. Upon completed registration, you should use ™ beside your register trademark .

Trademark Infringement on Registered Marks

The Texas legislature amended the submit brand violation laws in 2011. These changes made the state hallmark registration organization in line with federal trademark registrations and increase protection of state trademarks.

According to the amended codified, if a person is found guilty of trademark misdemeanor, the registrant can sue for damages and file an injunction to prevent far violation. Infringement occurs when a person, without the brand owner ‘s consent, reproduces, counterfeits, or copies a registered brand to sell, distribute, offer, or advertise goods or services, and its custom will cause confusion as to the source of those goods or services .
If the court rules in prefer of the trademark owner, the woo can order that the conflict materials be destroyed and require the guilty party to pay the hallmark owner damages resulting from the misdemeanor .
If you need help with a Texas trademark adjustment, you can post your legal need on UpCounsel ‘s market. UpCounsel accepts merely the top 5 percentage of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and modal 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb .

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