Trademark registration Texas applicants must first decide where they need protection. File with the Texas Secretary of State for state registration, or apply through the USPTO when federal protection better fits your current or planned market.
Key Takeaways
- Texas and federal trademark registrations are separate filings with different geographic scopes.
- A Texas mark must already be in use in Texas before you submit the state application.
- Texas Form 901 carries a $50 filing fee for each class of goods or services.
- A federal electronic application currently has a $350 base fee per class, with additional fees possible.
- A name, logo, and combined name-and-logo design may require separate filing strategies.
- You do not need an LLC or an attorney to file, but the application must identify the correct owner.
Where to File a Texas Trademark: State or Federal?
File with the Texas Secretary of State when you are using the mark in Texas and want a state registration. Consider filing with the United States Patent and Trademark Office when your business operates across state lines, sells to customers in other states, or expects to expand beyond Texas. Federal registration provides federal statutory benefits throughout the United States, while a Texas registration is limited to the state.
A trademark identifies goods, such as clothing or packaged food. A service mark identifies services, such as consulting, landscaping, or accounting. Texas uses the same application framework for both. Business formation and trademark registration are different processes, so registering an LLC, corporation, or assumed name does not automatically register a trademark.
| Issue | Texas Registration | Federal Registration |
|---|---|---|
| Protection scope | State registration in Texas | Federal registration with nationwide statutory benefits |
| Filing office | Texas Secretary of State | USPTO |
| Use requirement | Mark must already be used in Texas | Applicant may file based on current use in commerce or a bona fide intent to use |
| Core materials | Form 901, owner information, mark depiction, goods or services, dates of use, classes, and specimens | Owner information, mark format, drawing, goods or services, classes, filing basis, and specimens when required |
| Base filing fee | $50 per class | $350 per class for an electronic application |
| After filing | State examination, possible corrections, and registration | USPTO examination, possible Office action, publication, possible opposition, and registration or allowance |
If your activity is currently limited to Texas but expansion is likely, compare the long-term scope and expense before filing. A state registration does not convert into a federal registration later. For a broader overview of state-level rights, review how a state trademark registration fits with other forms of brand protection.
How to Register a Trademark in Texas
Texas trademark registration begins with actual use. You cannot reserve a state trademark merely because you plan to use it later. The mark must identify goods or services that you are already providing in Texas before the application date.
- Confirm ownership. Identify the individual or legal entity that controls and uses the mark. Do not list a founder personally if an LLC or corporation actually owns the brand.
- Search for conflicting marks. Review Texas registrations, federal records, business names, websites, and marketplace uses. Look for similar wording, spelling, sound, appearance, and meaning, not just exact matches.
- Define the goods or services. Describe what customers buy from you. Avoid describing the entire industry or products you might offer someday.
- Select the appropriate classes. Filing fees apply to each class. A business offering products and unrelated services may need more than one class.
- Prepare the mark depiction and specimens. Show the mark you want to register and provide three specimens demonstrating its actual use in Texas with the listed goods or services.
- Complete and notarize Form 901. Use the Texas Secretary of State's current Trademark or Service Mark Application. Follow the form's current signature, notarization, payment, and submission instructions.
- Pay the filing fee. Include $50 for each class covered by the application.
A specimen must connect the mark with the relevant goods or services. A product label or packaging may work for goods, while advertising that names and describes the services may work for a service mark. A logo displayed only as decoration may not establish the necessary connection. Review the current Texas instructions before selecting your evidence.
Texas Trademark Application Checklist
Collect the application information before completing Form 901. Inconsistent ownership, vague descriptions, and weak specimens can cause avoidable correspondence. The following checklist also shows how Texas requirements differ from a federal application.
| Application Item | Texas Filing | Federal Filing |
|---|---|---|
| Owner details | Legal name, entity information, and address | Legal name, entity type or citizenship, address, and contact information |
| Mark type | Trademark for goods or service mark for services | Standard character, stylized or design, or another accepted format |
| Drawing or depiction | The mark as claimed in the application | A drawing that matches the selected mark format |
| Goods or services | Goods or services on which the mark is used in Texas | Goods or services covered by the filing basis |
| Classes | Each applicable class, with a fee per class | Each applicable class, with a fee per class |
| Specimens | Three specimens showing use in Texas | Specimen for each class in a use-based filing, or later proof for an intent-to-use application |
| Use dates | Dates requested by Form 901 | Federal use dates when filing based on use |
| Filing basis | Existing use in Texas | Use in commerce, intent to use, or another qualifying federal basis |
For a federal filing, use the current application system and instructions available through the USPTO trademark application resources. Federal descriptions and filing bases require particular care because an inaccurate description may limit the registration, while an unsupported claim of use can create larger problems. Keep dated records showing when and how your mark first appeared on products, packaging, advertising, invoices, websites, or other customer-facing materials.
How Much Does It Cost to Trademark a Name in Texas?
The Texas Secretary of State filing fee is $50 per class of goods or services. One application for a name in one class therefore has a $50 state fee. If the same application covers two classes, the state fee is $100. Search services, design work, notarization, and attorney assistance may create additional expenses.
A federal electronic trademark application currently has a $350 base filing fee for each class. Additional federal fees may apply when an application omits required information, uses custom descriptions instead of accepted wording, or includes an excessively long identification of goods or services. Government fees are separate from any professional fees.
You cannot obtain a state or federal registration for free. You can perform a free preliminary search, organize your ownership records, and prepare a draft description without paying a search provider. Filing still requires the applicable government fee, and rejection generally does not mean that the filing fee is returned.
The number of classes, number of applications, and filing office matter more than the fact that the mark is a business name. A restaurant name, for example, may involve restaurant services, packaged products, or merchandise in different classes. For a broader explanation of government charges and professional expenses, see the cost to trademark a name.
Do not confuse trademark fees with Texas entity-formation expenses. Forming a company creates a legal entity, while trademark registration protects a source identifier. If you are still organizing the business, compare the separate cost to register a business in Texas.
How to Trademark a Business Name and Logo
A business name and its logo are not necessarily the same mark. A word-only filing seeks protection for the wording without limiting the claim to one particular font or design. A logo filing covers the design shown. A combined mark covers the name and design as they appear together, but it may not provide the same protection for the words or graphic element used separately.
- Name alone: Often offers the most flexible claim to distinctive wording because the registration is not tied to one logo presentation.
- Logo alone: May be useful when the graphic element identifies the business independently of the name.
- Combined mark: Can be practical when customers always see the wording and design together, but the claim concerns that combined presentation.
Separate applications can provide more flexible coverage, but each application and class requires another filing fee. In Texas, filing separate one-class applications for a name and a logo would result in $100 in state filing fees. A single one-class application for the combined design would carry a $50 fee, but it would cover only the mark presented and accepted in that application.
Before deciding, review the practical differences between a combined trademark for a name and logo and separate protection for trademark logos. Consider how consistently you use the design and whether you expect to redesign it.
You may file without an attorney, but legal review becomes useful when a search reveals similar marks, ownership is unclear, you are choosing between state and federal strategies, or an examiner objects. A trademark attorney can assess conflicts, identify the correct owner and filing basis, define the goods or services, prepare the application, and respond to official correspondence. You can post your legal need on UpCounsel's marketplace, where responses typically arrive within a day.
What Happens After You File a Texas Trademark?
The Texas Secretary of State examines the application for compliance with state requirements and potential conflicts with registered marks. If the examiner identifies missing information, classification problems, an inadequate specimen, or a possible conflict, the office may issue correspondence requesting a correction or argument. The Texas process generally gives an applicant 90 days to correct identified issues or submit a response, but follow the deadline stated in the notice you receive.
If the application satisfies the requirements and any objections are resolved, the state issues a registration. A Texas registration remains effective for five years and may be renewed for additional five-year terms. Check the Secretary of State's current renewal instructions before the expiration date. Continued use matters because registration does not replace actual marketplace use.
Federal applications follow a different path. A USPTO examining attorney reviews the filing and may issue an Office action. An approved application is published so third parties can oppose registration. A use-based application may proceed to registration if no successful opposition occurs. An intent-to-use application must establish qualifying use before registration. Follow every deadline in USPTO correspondence because missing a response or maintenance deadline can cause abandonment or cancellation.
Registration does not make the government monitor the market for you. Watch for confusingly similar names, logos, advertisements, domains, and marketplace listings. Texas law may allow a registrant to seek an injunction, damages, and destruction of infringing materials when unauthorized use creates actionable confusion. The federal registration symbol, ®, should be used only after federal registration. Texas does not provide a separate state-registration symbol, although businesses commonly use TM for trademarks and SM for service marks.
Frequently Asked Questions
How Much Does It Cost to Trademark a Name in Texas?
It costs $50 per class to submit a Texas trademark application. Your total may increase if the name covers multiple categories of goods or services, you submit separate applications, or you pay for professional searching or legal assistance. The fee registers the mark at the state level only and does not include a federal USPTO application.
How Much to Trademark a Name and Logo?
The cost depends on whether you file the name and logo together or in separate applications. In Texas, two separate one-class filings require $100 in state fees, while one combined one-class application requires $50. Separate filings may offer more flexible coverage, but each must independently satisfy the registration requirements.
How Much Does It Cost to Trademark a Business Name?
The government fee depends on the filing office and number of classes, not on whether the wording is a formal business name. A Texas application costs $50 per class, while a federal electronic application has a $350 base fee per class. Entity registration, assumed-name filings, searches, and attorney services are separate expenses.
How Do I Trademark a Name in Texas?
You trademark a name in Texas by using it in the state, searching for conflicts, identifying the proper owner, and filing a notarized Form 901 with specimens and class fees. The business name should function as a brand for particular goods or services, rather than appearing only as the legal name of an entity.
Can I File a Trademark Myself?
Yes, you can file a Texas or federal trademark application yourself. Self-filing works best when ownership is clear, the mark is distinctive, the search reveals no close conflicts, and the goods or services are easy to classify. Legal assistance may reduce risk when the mark has multiple owners, similar marks exist, or official objections require a substantive response.
Do I Need an LLC to Apply for a Trademark?
No, an LLC is not required to apply for a trademark. An individual, LLC, corporation, or other qualifying owner may file, but the application must name the party that actually owns and controls the mark. If you expect to transfer a personally owned brand to a new company, address ownership before filing to avoid an incorrect applicant.
