Your company’s logo, name, and slogan are often the first things people see when they think of your organization. To protect that identity, you should file a new trademark application in Texas.
Why File a Trademark?
Filing for a trademark is crucial if you want to keep it safe. Doing so can be relatively easy, and it can help you avoid costly legal issues in the long run. You can file an application yourself or with the help of a trademark attorney.
How To File Trademark Applications
1. Complete a Clearance Search
This step is also referred to as a “knockout search.” It’s important to search the directories to determine if your mark is eligible to be registered. The United States Patent and Trademark Office (USPTO) won’t allow a mark to be registered if it’s too similar to other trademarks.
A trademark name search aims to determine if your trademark might violate the rights of others who are using a similar mark. Getting the proper details to perform a clearance search is often challenging. Knowing what to look for to find conflicting registrations can be a learning experience. Many people and businesses decide to hire a lawyer to help with this search.
2. Begin the Application Forms
The USPTO offers online registration for trademark applications. There are two different ways to file a registration: the TEAS Standard and the TEAS Plus.
The cost of a TEAS Plus application is less than that of the standard one, but it comes with additional requirements. Many people prefer the TEAS Standard over the other one due to its flexibility.
Regardless of which application you choose, the basic information required for each one will be the same. This will be the same type of information that an attorney would typically provide for a trademark application.
3. Submit Your Trademark Application
After completing the application form, paying the fee, and signing the declaration, your mark is ready to be submitted. You’ll then receive a serial number that will allow you to track your application’s status.
The USPTO usually forwards your application to an attorney for review within three months following the submission of the form. However, due to the number of applications received by the agency, it can take up to six months for your mark to be approved.
Although you can easily file a trademark application, there is always a fee. Even state-level or federal applications will typically come with a fee. Although you can easily build these rights by simply using your mark in commerce, they’re not as strong as they would be if you registered a federal application.
4. Monitor Your Application
You should regularly monitor your application to ensure it gets the attention it needs from the agency. After the examining attorney has looked into your application, they’ll then accept it or send an office action to explain why it was rejected and how to fix the issues.
The information required for a trademark application includes the name, address, and email address of the person handling the application. The person who the USPTO should contact regarding the application is usually an attorney.
An image should be included if you’re planning on using more than one word or phrase in your trademark application. The application form includes a list of the services or goods that your mark is associated with. After you’ve provided the necessary information, you’ll need to sign a statement that says that the information you’ve provided is true and correct.
Are Trademark Applications Free?
Although federal and state-level applications usually come with a fee, the exact fee varies depending on the type of trademark application that you choose to apply for. Even if you have a tight budget, there are other options to consider. You might have the chance to apply for common law trademark rights.
Registering your trademark in Texas is not always as easy as it might seem. To keep from losing the rights to your trademark, you will need to continue to follow proper procedures. It is best to consult with a professional trademark registering company or lawyer to ensure success.