How to Trademark a Business Name in Texas
Trademarking your business name is an essential step to protect your brand and ensure no one else can legally use your name within your industry. If you’re operating in Texas, here’s a step-by-step guide to trademark your business name.
Step 1: Understand What a Trademark Is
A trademark is legal protection for names, slogans, logos, or other identifiers that distinguish your business or products from others. It prevents others from using your business name within the same industry. Trademarks can be filed at the state level (for Texas-specific protection) or the federal level through the United States Patent and Trademark Office (USPTO) (for nationwide protection).
Step 2: Conduct a Name Search
Before filing for a trademark, it’s essential to ensure your business name isn’t already in use. Follow these methods to verify the name’s availability:
- Texas Secretary of State Search
Visit the Texas Secretary of State’s SOSDirect database to look for any existing businesses operating under a similar name.
- Federal Trademark Search
Visit the USPTO’s Trademark Electronic Search System (TESS) to confirm there are no federally registered trademarks that conflict with your business name.
- Domain Name Search
Check if your preferred domain name is available to establish your online presence consistently.
Step 3: Decide Between a State or Federal Trademark
- State Trademark (Texas): Protects your business name only within Texas, ideal if you operate solely within the state.
- Federal Trademark (USPTO): Offers nationwide protection and is suited for businesses that plan to expand beyond Texas.
Tip: If you’re unsure which option to choose, consult an intellectual property attorney.
Step 4: Prepare Your Application
To successfully file a trademark, gather the following information in advance:
- The business name you want to trademark.
- A description of the goods or services you offer under the name.
- Proof that you are using the name in commerce (e.g., logos, websites, or business cards).
- A visual representation of the trademark (if applicable).
Step 5: File Your Trademark in Texas
Here’s how to file a trademark for state protection in Texas:
- Complete the Application
- Visit the Texas Secretary of State’s website.
- Download and fill out Form 901—Application for Registration of a Trademark or Service Mark.
- Submit the Application
- Mail the completed application along with the $50 filing fee per class to the Texas Secretary of State. Submission instructions are included in the form.
- Provide Specimens
- Include three examples of how your business name is being used in commerce (e.g., product packaging, ads, or website screenshots).
Step 6: File a Federal Trademark (Optional)
For nationwide protection, file a federal trademark through the USPTO by following these steps:
- Create an Account on USPTO
- Visit the USPTO website and set up your account.
- Use the Trademark Electronic Application System (TEAS)
- Follow the TEAS wizard to submit your application.
- Choose Your Filing Option
- “TEAS Plus” ($250): For basic, straightforward applications.
- “TEAS Standard” ($350): For more complex filings.
- Provide Specimens
- Submit a specimen showing how your business name is used in commerce, such as a business card, logo, or product label.
Step 7: Monitor and Maintain Your Trademark
Trademark protection requires ongoing effort. Follow these key steps to maintain your trademark:
- Stay Vigilant
Monitor the market for potential infringers using your business name.
- Renew State Trademarks
Texas trademarks must be renewed every 5 years. File a renewal six months before expiration.
- Renew Federal Trademarks
Federal trademarks require renewal between the 5th and 6th year after registration, then every 10 years.
Why Trademarking is Essential for Your Business
- Legal Protection: Safeguard your brand from competitors.
- Exclusive Rights: Secure the exclusive right to use your name within your industry.
- Brand Identity: Build authority and reputation with a registered trademark.
Protecting your business name through a trademark ensures no one else can dominate or misuse your name, giving your brand an edge in the marketplace.
If you’re ready to trademark your Texas-based business name, follow this guide to ensure a smoother process. Need professional assistance? Consult a trademark attorney to avoid mistakes and maximize your chances of approval.