A Texas mark starts with use in Texas
Texas registration requires a distinctive mark already used in Texas and considers conflicts with registered marks. It provides state-law benefits for the relevant goods or services.
Talk with a trademark lawyer serving Austin about your name, logo, and next market before you invest in a launch or rebrand.
Over 500 entrepreneurs choose Surge.
For most Austin businesses, start by checking the brand before paying for signs, packaging, or a product launch. The state accepting an LLC name, a domain name, or a DBA does not settle whether another business has trademark rights in the name.
We help owners look beyond the state business-name search, assess potential conflicts, and choose the right registration strategy. Our federal trademark service serves businesses nationwide, including founders building their first brand in Texas.
The Texas Secretary of State's trademark FAQ explains the difference between forming a business and establishing rights in a mark.
Texas registration requires a distinctive mark already used in Texas and considers conflicts with registered marks. It provides state-law benefits for the relevant goods or services.
If you sell across state lines or plan to expand, discuss federal registration early. Eligible applicants may file on an intent-to-use basis before launch, but actual use and additional filings are required before registration.
A software founder may need to distinguish downloadable products in Class 9 from hosted services. A retailer or marketing agency should consider Class 35. An apparel brand should start with Class 25, while checking whether it also offers retail services.
For an Austin food or beverage business, the packaged product and the restaurant service are different parts of the brand. Buying a class without checking the description can leave the actual business outside the application.
Read the Texas registration requirements, the USPTO's explanation of federal registration benefits, and its intent-to-use requirements.
Each package includes an attorney search and clearance opinion, the USPTO filing fee for one class per mark, one office action response, and 12 months of brand monitoring. We discuss the search results before proceeding.
Your business name, product name, or slogan.
Your visual brand identity.
Two applications for the name and design.
Our Texas office serves the entire state. Most appointments are virtual, with in-person meetings available at 551 S I-35 Frontage Rd, Suite 302, Round Rock, TX 78664. We are open late Mondays until 7:00 pm.
Meet the Texas team and see office details, or call (512) 881-1117.
Tell us what you sell, the brand you want to use, and where you plan to grow.