Trademarks & Service Marks
- be subject to additional filing requirements; and, if registered
- have a registration term of five years instead of ten years.
The Texas Trademark Act was significantly revised by HB 3141, 82nd Legislature Regular Session. A summary of the significant changes to the Trademark Act is available for review. Additional information is available on the secretary of state’s administrative rules found in Title 1, Chapter 93 (PDF).
A trademark is a word, name, symbol, device, slogan or any combination thereof which, whether registered or not, has been adopted and used by a person to identify his goods and distinguish them from the goods manufactured or sold by others. Tex. Bus. & Com. Code § 16.01(a)(5).
A service mark is a word, name, symbol, device, slogan or any combination thereof which, whether registered or not, has been adopted and used by a person to identify his services and distinguish them from the services of others, and includes the titles, designations, character names, and distinctive features of broadcast or other advertising. Tex. Bus. & Com. Code § 16.01(a)(4).
The word “mark” is often used generally to refer to both trade and service marks.
State Registration
Marks used in connection with the sale of goods or provision of services in Texas may be registered with us pursuant to:
- Texas Business & Commerce Code chapter 16; and
- 1 Texas Administrative Code chapter 93
Federal Registration
Marks used in interstate commerce may also be registered under federal law. Information on registering a federal mark may be obtained from the Trademark Section of the United States Patent and Trademark Office.
Patents & Copyrights
We register state trade and service marks, but do not grant patents or register copyrights.
- Patent Section of the United States Patent and Trademark Office.
- United States Copyright Office in the Library of Congress.