Texas, 2026 guide

Trademark Registration in Texas

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 search
$50TX state per class
5 yrsstate term
$99+our federal filing

Texas 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.

The size trap: Texas is one of the largest state economies in the country, but geography is exactly the point. A Texas registration is big only in the sense that Texas is big. It still stops at the border. A competitor in Oklahoma, Louisiana, or California can use your name freely, and you do not get the (R) symbol or a federal record.

Texas state vs. federal

Texas stateFederal (USPTO)
Filed withTexas Secretary of State (Form 901, online)U.S. Patent and Trademark Office
ProtectsTexas onlyAll 50 states
Fee$50 per class (renewal $25)$350 per class
Term5 years, renewable10 years, renewable
The (R) symbolNoYes

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.

Check your name before you file

Run a free search. If the name is clear, we file your federal application from $99 plus USPTO fees.

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Texas trademark questions

My company is in Austin but sells nationwide. State or federal?

Federal. A Texas only registration would not reach the out of state customers and competitors that make up most of your market.

What does a Texas state registration cost and how long does it last?

$50 per class, valid five years, renewable at $25 per class. Federal is $350 per class and lasts ten years per term.

I registered my LLC with the Texas Secretary of State. Am I trademarked?

No. Entity formation is separate from trademark rights and will not stop a competitor from using your brand name.

Does a Texas registration help a federal one?

No. They are separate systems with separate records.

When can I use the (R) symbol?

Only after the USPTO registers your mark federally, roughly ten months for a straightforward application, sometimes longer.

Helpful resources