How to trademark a business name in Texas?

A set of steps is required to lawfully protect the name of a business in Texas. This guide describes the steps one should follow to be able to do so.

1. Conduct a Name Search

• You can test whether your desired business name is already in use through a database check of either the United States Patent and Trademark Office at the federal level or through the website of the Texas Secretary of State at the state level.
• This search will help you avoid infringement issues and ensure that your business name is unique enough to qualify for protection by trademark.

2. Decide Between Federal and State Trademark

• A Texas state trademark will provide protection for your brand in the state, and if you're looking for protection across the United States, you'll need a federal trademark. Thus, if your operation is completely inside the State of Texas, you would be totally covered with a state trademark; however, if your operation crosses state or national borders, or has an online component, the better choice would be a federal trademark.

3. Prepare the Application

• If you opt for a Texas state trademark, you will be submitting your application to the Texas Secretary of State. You can download an application form from the Texas SOS website.
• You must also attach an identification for the name, class of goods or services that the name is used for, and evidence of its use in commerce.

4. Filing Fees

• For a Texas state trademark, the average filing fee is modest. The Federal trademark application is generally higher, possibly averaging a few hundred dollars per class of goods or services desired.
• Since fees can change, you should check with the offices for the current rates.

5. Wait for Processing and Approval

• The processing time of a Texas state trademark will take a couple of weeks, while in federal, it can take a few months.
• If approved, your business name will be protected, and no one else shall have permission to use it in Texas or nationally if federally registered.

6. Renew and Monitor Your Trademark

• Trademarks in Texas should be renewed every five years. Be proactive in terms of monitoring your trademark for potential infringements, as it is your obligation to enforce it.

This process helps ensure your business name is protected, thereby strengthening your brand reputation and its legal standing.