Trademarks: Texas

Your business’ products can be represented by a unique logo or symbol, phrase, a single word, or phrase. In some instances, even a color, smell or sound can be your Texas company’s trademark. Most nonlawyers refer to all business marks as “trademarks.”

Legally, trademarks refer to your company’s products while business services (such as carpet cleaning or dental services) can have “service marks.” Both are protected under the law. How much they are protected depends on a variety of factors.

You have less legal protection for your mark if you don’t register it because common law marks don’t have the rights granted by Texas statute or U.S. federal law.

Marks can be registered with the State of Texas and, in some cases, with the U.S. Patent and Trademark Office. State registration is better than nothing because it puts the public on notice that you’re claiming the mark as your own.

However, the best registration (if your mark qualifies) is with the U.S. Patent and Trademark Office. Federal registration protects your mark beyond Texas borders plus provides you with additional rights in the event you have to stop someone from misusing (infringing) your mark.

Talk with your Texas business attorney about trademarks and service marks that you use in your company. He will be able to advise you on the best ways to prevent trademark infringement by your competitors and others.

About the Author

With an advanced international law degree from Georgetown University and more than 14 years of real world legal experience, Attorney Mike Young shows Texas entrepreneurs how to protect and grow their businesses.
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