Registering a trademark for your Texas business

Your new business is the product of your ingenuity and hard work. As a business owner, you must protect your assets and the reputation you are building for your company.

When you are establishing a new business, you may need to register a trademark.

What is a trademark?

A trademark is a name, phrase or symbol unique to your business. When you put your trademark on products or use it in advertising, your customers can easily distinguish your products and services from those of competing companies.

Where can you register a trademark?

You can register your trademark with the United States Patent and Trademark Office or with the state of Texas.

Federal registration grants you ownership and exclusive rights to your trademark throughout the United States. The USPTO will include your trademark in its database. If you expand your business to another state, you will have the same rights and protections for your trademark.

State registration may be sufficient if you do not plan to do business outside of Texas. However, it does not give you rights to your trademark in other states. If, for example, you decide to open a second location in Louisiana, you should register your trademark in Louisiana or with the USPTO.

Why should you register a trademark?

Registering your trademark protects your brand’s image and reputation.

Common law protects your trademark even if you do not register it. However, a registration certificate makes it easier to prove ownership in court if necessary. It also permits you to use the ® symbol to discourage infringement.

Every small business owner should understand the importance of trademarks in building a successful company.