Texas is huge, but a Texas state trademark's reach is not. Here is the honest difference between a state registration and a federal one, and which your business actually needs.
Run a free trademark searchTexas is big enough that a state only trademark can feel like plenty. It is not. A Texas registration covers Texas, and Texas businesses, from Austin software to Houston energy services to a food brand shipping across the Sun Belt, almost always sell beyond the state line. There are two separate registrations people call a Texas trademark. A state one goes through the Texas Secretary of State (the application, historically Form 901, is now filed online) and covers Texas. A federal one goes through the USPTO and covers all fifty states.
General information to help you decide, not legal advice. Trademark rights can depend on how and where a mark is used, the goods or services involved, prior users, and other facts. Source: Texas Secretary of State, Trademarks. Secure Mark USA does not file Texas state applications.
| Texas state | Federal (USPTO) | |
|---|---|---|
| Filed with | Texas Secretary of State (Form 901, online) | U.S. Patent and Trademark Office |
| Protects | Texas only | All 50 states |
| Fee | $50 per class (renewal $25) | $350 per class |
| Term | 5 years, renewable | 10 years, renewable |
| The (R) symbol | No | Yes |
A federal registration goes through the USPTO Trademark Center (which replaced the older TEAS platform). On current USPTO data, expect roughly 4.5 months to a first action and about 10 months to registration for a clean application, longer with a refusal, an Office Action, a suspension, or an opposition. Secure Mark USA prepares and files it for you from $99 plus the USPTO fee. Start with a free trademark search or read the complete U.S. registration guide.
Source: USPTO Trademarks Dashboard; USPTO, How much does it cost.
Run a free search. If the name is clear, we file your federal application from $99 plus USPTO fees.
Start my free searchFederal. A Texas only registration would not reach the out of state customers and competitors that make up most of your market.
$50 per class, valid five years, renewable at $25 per class. Federal is $350 per class and lasts ten years per term.
No. Entity formation is separate from trademark rights and will not stop a competitor from using your brand name.
No. They are separate systems with separate records.
Only after the USPTO registers your mark federally, roughly ten months for a straightforward application, sometimes longer.
USPTO: Trademark Basics, How much does it cost, Trademarks Dashboard.
Texas: Secretary of State, Trademarks.
Secure Mark USA: Free trademark search, Complete U.S. registration guide.