How Much Does It Cost to Trademark a Name in Texas?

Trademarking a business name or logo is a crucial step in protecting your brand’s identity. When you register a trademark in Texas, you ensure that your business name, slogan, or logo is legally protected from use by others. This article provides a detailed breakdown of the costs involved in registering a trademark in Texas, along with the steps you need to follow and common mistakes to avoid.

Understanding Trademark Costs in Texas

The cost of registering a trademark in Texas varies depending on several factors. The most significant costs involve the application fee, legal services, and any additional maintenance fees that might arise over time.

1. Application Fees:
   The Texas Secretary of State charges a fee based on the number of classes you apply for. The application fee for a Texas trademark is generally $50 per class, which is much more affordable than the $325 per class fee for a federal trademark application.
2. Attorney Fees:
   While it’s possible to apply for a trademark without legal assistance, many applicants opt to hire an attorney. Attorney fees for trademark registration vary, but typically range from $200 to $2,000 depending on the complexity of the application.
3. Maintenance Fees:
   After your trademark is registered, there are ongoing maintenance fees. These fees are usually paid every 5 years to keep your trademark active. For example, renewal fees for trademarks in Texas are generally $25 per class.
4. Additional Costs:
   Fees for related services such as certificates of existence, search fees, and apostille requests can also add up. These services are priced separately and range from $15 for a certificate of fact to $1 per search.

For more information on these fees, check out the Texas Secretary of State’s fee page.

Is Trademarking a Name in Texas Expensive?

Trademarking a name in Texas may be slightly more expensive compared to some other states, largely due to Texas’ size and its active business environment. As the population and business activity continue to grow, the demand for trademark services increases, which can drive up prices over time. The basic filing cost remains affordable, typically ranging from $250 to $450. While the core fees haven’t changed, additional costs or requirements unique to Texas could increase the overall expense. However, don’t let the cost deter you. Think of it as an investment in protecting your brand’s identity and ensuring exclusive use of your trademark within the state.

Steps for Registering a Trademark in Texas

The trademark registration process in Texas involves several important steps. Here’s a breakdown of what you need to do:

1. Complete the Trademark or Service Mark Application:
   The first step is filling out the appropriate Trademark or Service Mark Application Form. This form requires you to provide details about your business, the trademark you’re applying for, and the goods or services it will cover. The form must also be notarized before submission.
2. Submit Proof of Use:
   You must submit three original pieces of proof that your trademark is currently being used within the state of Texas. This could include marketing materials, product packaging, or other examples showing the trademark in action.
3. Pay the Fee for Each Class:
   The state charges a fee of $50 per class you are applying for. Unlike the federal trademark application, which charges $325 per class, the Texas fee is more affordable.
4. State Evaluation:
   Once you submit your application, the state will review it. This includes checking for any conflicting trademarks registered within the state or with the USPTO (United States Patent and Trademark Office).
5. Notification of Issues:
   If there are any issues with your application, the state examiner will notify you. You’ll be given 90 days to correct any errors or submit additional arguments to resolve the issue.
6. Issuance of Registration:
   Once the state examiner has reviewed your application and resolved any issues, your trademark registration will be issued.

Common Mistakes to Avoid When Registering a Trademark in Texas

Many applicants make avoidable mistakes that can lead to delays, rejections, or legal disputes. To increase your chances of a successful trademark registration, avoid these common errors:

1. Failure to Conduct a Comprehensive Trademark Search:
   One of the biggest mistakes applicants make is not checking whether their trademark is already in use. It’s essential to conduct a thorough trademark search to ensure your mark isn’t already registered at the state or federal level.
2. Providing a Vague or Incorrect Description:
   When filling out your application, ensure that the goods or services associated with your trademark are clearly defined. A vague description could result in delays or rejection.
3. Applying for the Wrong Classification:
   Trademarks are classified under specific categories or classes. Choosing the wrong class can invalidate your registration or delay the process. Be sure to carefully select the appropriate class for your trademark.
4. Submitting an Incomplete Application:
   It’s important that every section of the application is filled out correctly, and that your form is notarized. An incomplete or improperly filled application will be rejected.
5. Neglecting Renewal Deadlines:
   Your trademark needs to be renewed every 5-10 years. Failing to submit your renewal application within the required time frame can result in expiration and loss of protection.

By following the steps carefully and avoiding these mistakes, you can streamline the process and avoid costly delays.

Conclusion

Registering a trademark in Texas offers important legal protection for your business name, slogan, or logo. While the cost is significantly lower than federal registration, it’s still important to understand the fees, the process, and common pitfalls. By following the steps outlined above and avoiding common mistakes, you can successfully register your trademark in Texas and protect your brand.

FAQs

1. How much does it cost to trademark a slogan in Texas?
   The cost for registering a slogan in Texas is $50 per class.
2. Can I trademark a product name in Texas?
   Yes, you can trademark a product name in Texas for $50 per class.
3. What should I do if my trademark application is rejected?
   If your application is rejected, you’ll receive a notice from the state examiner with instructions on how to correct the issue or submit arguments. You have 90 days to resolve the issue.