How to Trademark a Business Name in Texas (2026)

What does it mean to trademark a business name in Texas?

Trademarking a business name in Texas means securing exclusive legal rights to use that name for your goods or services. You have two paths: a Texas state trademark filed with the Texas Secretary of State, which protects your name only within Texas, or a federal trademark registration filed with the United States Patent and Trademark Office (USPTO), which protects your name across all 50 states. Because U.S. trademark rights are largely first-to-file, registering early is the surest way to lock in your rights before a competitor claims a similar name. Secure Mark USA handles the federal trademark registration process with the USPTO, turning your business name into a protected piece of intellectual property and a durable brand protection asset.

Which trademark class covers a Texas business name?

The correct class depends on what your business actually sells, not on the fact that you are located in Texas. The USPTO sorts every application into one or more of 45 international classes. Retail stores and general business services are filed in Class 35, while product-based businesses use the class for their goods: apparel in Class 25, restaurants in Class 43, cosmetics in Class 3, packaged food in Class 30, and downloadable software in Class 9 (with SaaS in Class 42). If your Texas business spans several categories — for example, a coffee brand that both sells beans and runs a cafe — you may need to file in more than one class, and each class carries its own $350 USPTO fee.

How do you trademark a business name in Texas step by step?

Start with a clearance search, then file federally for the broadest protection. The process runs in four steps: (1) run a comprehensive trademark search to confirm your name is available and not confusingly similar to an existing mark; (2) identify the correct USPTO class or classes for your goods and services; (3) file the application — either intent-to-use if you have not launched yet, or use-in-commerce if you are already selling; and (4) respond to any USPTO Office Action and monitor the mark after it registers. Secure Mark USA prepares and files the application for you, with pricing from $99 plus the $350-per-class USPTO fee.

Key takeaways

• A Texas state trademark protects your name only in Texas; a federal USPTO registration protects it nationwide.
• The correct class is based on your goods or services — retail and general business services use Class 35.
• U.S. trademark rights are largely first-to-file, so registering early protects your name.
• Federal filing through Secure Mark USA starts from $99 plus the $350-per-class USPTO fee.
• U.S.-domiciled applicants are not required to hire an attorney to file.

Frequently asked questions