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Texas Trademark Registration

Any person who has used a mark in connection with goods or services in Texas may apply for Texas trademark registration with the Texas Secretary of State.  The rules concerning marks that are excluded from registration parallel those found in the Federal Trademark Act and the federal Trademark Manual of Examining Procedure.  Texas does not allow trademark applications based upon an intention to use, thereby requiring a mark to have already been used before the application is filed. 

Trademark Renewal Periods

Registration is for a term of ten years, with successive ten-year renewal periods available.  Registration of the mark is constructive notice of the registrant’s claimed rights in the mark and is prima facie proof of ownership, validity, and the exclusive right to use the mark in Texas.  Registration entitles the registrant to damages and an injunction for any infringement of the mark which occurs after registration, although there is no provision for the recovery of attorneys’ fees or court costs by a succesful plaintiff.