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Texas offers its own state-level trademark registration through the Secretary of State — separate from, and substantially less expensive than, federal registration with the USPTO. This guide explains what each option actually protects, and how to decide which one your business needs.
Quick Answer
- Texas state trademark registration is filed with the Secretary of State and provides registered protection within Texas.
- Federal registration through the USPTO protects a mark nationwide and is required for certain legal remedies.
- Common law trademark rights arise automatically from use in commerce, even without registration, but offer limited geographic protection.
- Texas registration costs $50 per class and lasts five years; federal applications have a base USPTO filing fee of $350 per class, with additional fees possible depending on the application.
- Businesses expanding beyond Texas, selling across state lines, or seeking stronger nationwide protection should consider federal registration.
Key Takeaways
- Texas trademark law is governed by Chapter 16 of the Texas Business and Commerce Code.
- State registration only requires use of the mark within Texas — not interstate commerce.
- Federal registration requires (or anticipates) use in interstate commerce and is examined by the USPTO.
- Common law rights exist automatically but are limited to the specific geographic area where the mark is actually used.
- Texas registrations must be renewed every five years to remain active.
- Federal registration provides nationwide constructive notice, a legal presumption of ownership and exclusive rights in the registered mark, and access to certain federal statutory remedies.
- E-commerce businesses selling across state lines should strongly consider federal registration regardless of where they're based.
- A trademark search before adopting a name or logo helps avoid conflicts with existing marks at both the state and federal level.
- State and federal registration are not mutually exclusive — many Texas businesses hold both.
1. What Is a Trademark?
A trademark is any word, name, symbol, logo, or combination used to identify and distinguish the goods or services of one business from another. Trademark rights exist to prevent consumer confusion about the source of a product or service — not simply to reserve a name for a business's own use.
2. Texas State Trademark Registration
Texas maintains its own trademark registration system, administered by the Secretary of State and governed by Chapter 16 of the Texas Business and Commerce Code. Unlike federal registration, a Texas application requires that the mark actually be in use in Texas in connection with the relevant goods or services — there's no requirement to show interstate commerce.
A person may file an application to register a mark with the office of the secretary of state, subject to the limitations set out in the statute.Tex. Bus. & Com. Code § 16.10 (as amended)
The Texas Application Process
A Texas trademark application generally requires information such as a clear representation of the mark, a description of the goods or services covered, the class of goods or services, dates of first use, and a sworn statement addressing use and any known conflicting rights. The filing fee is $50 per class of goods or services.
| Step | Requirement |
|---|---|
| 1. Search | Confirm the mark isn't confusingly similar to an existing registration |
| 2. Application | Submit mark representation, goods/services description, and sworn use statement |
| 3. Filing fee | $50 per class of goods or services |
| 4. Examination | Secretary of State reviews for distinctiveness and conflicts |
| 5. Renewal | Required every 5 years, with a renewal fee per class |
4. Federal Trademark Registration (USPTO)
Federal registration is handled by the United States Patent and Trademark Office (USPTO) and generally requires use of the mark in interstate commerce, or a good-faith intent to use it, at the time of filing. As of the USPTO's 2025 fee restructuring, the base federal filing fee is $350 per class for applications using the USPTO's pre-approved goods-and-services descriptions. Additional fees can apply — for example, a surcharge for using a custom (non-standard) description of goods or services, or for incomplete application information — which can raise the total cost per class above the base fee.
Texas vs. Federal: Side-by-Side Comparison
| Feature | Texas State Registration | Federal Registration (USPTO) |
|---|---|---|
| Filing agency | Texas Secretary of State | U.S. Patent and Trademark Office |
| Geographic protection | Texas only | Nationwide |
| Use requirement | Use within Texas | Interstate commerce (or intent to use) |
| Filing fee | $50 per class | $350 base fee per class; additional fees may apply |
| Term | 5 years, renewable | 10 years, renewable |
| Governing law | Tex. Bus. & Com. Code, Ch. 16 | Lanham Act (federal law) |
6. Common Law Trademark Rights in Texas
Even without any registration, a business that uses a mark in commerce generally acquires common law trademark rights in the geographic area where that mark is actually used. These rights arise automatically, but they are inherently limited — they typically don't extend beyond the specific market or region where the business has built recognition.
7. When Texas Registration Makes Sense
Texas state registration is often a good fit for businesses that operate exclusively within Texas, aren't currently selling across state lines, and want a low-cost way to strengthen their claim to a name or logo within the state.
8. When Federal Registration Makes Sense
Federal registration becomes more important as a business's footprint grows. Consider federal registration if your business:
- Sells products or services in multiple states
- Operates an e-commerce site accessible nationwide
- Plans to expand beyond Texas in the near future
- Wants to use the ® symbol, which is reserved for federally registered marks
- Seeks stronger nationwide protection and the additional legal benefits available to federally registered marks
9. E-Commerce and Multi-State Considerations
A business that sells only through a Texas storefront may reasonably rely on state registration. A website being accessible nationwide does not, by itself, mean the business is using its mark in interstate commerce — but a business that actually sells goods or provides services to customers across state lines may be engaged in interstate commerce, which can support eligibility for federal registration and raises the stakes of encountering conflicts with marks used or registered in other states.
10. Conducting a Trademark Search
Before adopting a new business name, logo, or slogan, a thorough search should cover the Texas Secretary of State's trademark database, the USPTO's federal database, and general internet/business-name searches to identify potentially conflicting marks — registered or unregistered.
Better Practice
Search before you invest in signage, packaging, marketing materials, or a domain name built around a proposed mark. Discovering a conflict after those investments are made is far more costly than discovering it beforehand.
11. Using Proper Trademark Notices
The ™ symbol can be used with any mark a business claims rights to, registered or not. The ® symbol, however, is reserved exclusively for marks registered with the USPTO — using it for a mark that's only registered in Texas (or not registered at all) can create legal exposure.
12. Monitoring and Enforcing Your Rights
Registration alone doesn't stop infringement — it strengthens your position if infringement occurs. Businesses should periodically monitor for confusingly similar marks entering the market and be prepared to send cease-and-desist correspondence or pursue legal action when necessary.
13. Common Mistakes
Mistake
Assuming a business name filing protects the trademark
Filing a certificate of formation or an assumed name (DBA) with the state does not, by itself, create trademark rights.
Mistake
Skipping a search before adopting a mark
Businesses that adopt a name without searching risk building brand equity around a mark they may later be forced to abandon.
Mistake
Using the ® symbol without federal registration
This is a common and easily avoidable error that can undermine a business's credibility and create legal risk.
Mistake
Letting a Texas registration lapse
Texas registrations must be renewed every five years; missing the renewal window can result in loss of the registered protection.
Mistake
Relying only on state registration while selling nationally online
A Texas-only registration does not provide the nationwide registered protection available through federal registration.
Mistake
Choosing a descriptive or generic mark
Marks that merely describe the product or service are difficult or impossible to register and offer weak legal protection even if adopted.
14. Compliance Checklist
- Trademark search completed across Texas and federal databases
- Mark confirmed to be in actual use before filing a Texas application
- Correct class(es) of goods or services identified
- Texas application filed with the $50-per-class fee
- Decision made on whether federal registration is also needed
- ™ or ® notices used correctly based on registration status
- Renewal date calendared for 5 years from Texas registration
- Process in place for monitoring potential infringement
Primary Government Sources
15. Frequently Asked Questions
Do I need both Texas and federal trademark registration?
Not necessarily. Many businesses that operate only within Texas rely on state registration alone. Businesses operating in multiple states, or selling nationally online, typically benefit from federal registration as well.
How much does Texas trademark registration cost?
The Texas Secretary of State charges a filing fee of $50 per class of goods or services covered by the application.
How long does a Texas trademark registration last?
A Texas trademark registration is valid for five years and must be renewed to remain in effect.
Can I use the ® symbol if I only have a Texas registration?
No. The ® symbol is reserved for marks registered with the USPTO. A Texas-only registration should be indicated with the ™ symbol instead.
Do I have any trademark rights if I never register my mark?
Potentially, yes. Common law trademark rights can arise automatically from actual use of a mark in commerce, but these rights are generally limited to the specific geographic area where the mark has been used.
What's the difference between a trademark and a business name filing?
A business name or assumed name (DBA) filing simply registers the name you're doing business under with the state. It does not, by itself, provide any trademark protection against others using a similar name.
Can someone else register my mark federally even if I have a Texas registration?
A Texas registration does not provide the nationwide rights associated with federal registration. Federal registration can provide broader protection, but existing state and common-law rights may also be relevant when determining priority and geographic rights, so the interaction between the two can be fact-specific.
What happens if I don't renew my Texas trademark registration?
If a Texas trademark registration is not renewed before it expires, the registered protection lapses, though the business may still retain common law rights based on continued use.
Is a trademark search required before filing in Texas?
A search is not legally required to file, but it is strongly recommended. Filing without searching increases the risk of rejection due to conflict with an existing registered mark.
Can a generic or descriptive term be trademarked in Texas?
Generally, no — unless the term has acquired "secondary meaning," meaning consumers have come to specifically associate it with your business rather than the product category itself.