What This Page Covers:
- Trademarks: Protect unique brand elements like logos, symbols, or phrases that identify your business and distinguish it from competitors.
- Texas vs. Federal: Registering with the USPTO offers nationwide protection, while Texas registration safeguards your brand within the state.
- Trademark process: Attorneys handle clearance searches, registration filings, renewals, and office actions to secure your brand.
- Quadros Migl & Crosby: We provide comprehensive trademark legal support to protect your brand identity and prevent costly disputes.
Creating and owning a unique brand for your goods and services is vital to the success of your business and, therefore, must be protected. A unique and memorable logo and slogan help clients to recognize your company and encourage repeat business. A trademark can be a word, phrase, symbol, image, or device unique to your business. Trademarking your brand identifier provides legal protection against copycats, brand dilution, and others conducting business transactions with your name.
At Quadros Migl & Crosby, we understand the importance of protecting your brand. Our trademark attorneys can guide you through securing and defending your trademark rights. Whether you need help with trademark registration, navigating infringement disputes, or enforcing your rights, we can provide the guidance you need to safeguard your business’s identity and reputation.
What Is a Trademark?
A trademark in Texas is a recognizable sign, symbol, logo, word, or combination of these that distinguishes a business’s goods or services from others in the marketplace. Trademarks help identify the source of products or services and protect the business’s brand identity. In Texas, trademarks can be registered with both the U.S. Patent and Trademark Office (USPTO) and the Texas Secretary of State. While federal registration offers broader protection across the United States, registering your trademark in Texas provides protection within the state’s borders.
Texas Trademark Law
Texas Business & Commerce Code Section 16.001 governs trademark registration in Texas. To register a trademark in Texas, you must submit an application to the Texas Secretary of State, which includes a detailed description of the mark, the goods or services it represents, and proof that the mark is in use in commerce. Once registered, your trademark is protected within the state, giving you the exclusive right to use the mark in connection with the goods or services specified.
Registering a trademark in Texas provides several legal advantages, including the ability to take legal action against anyone who infringes upon your mark within the state. However, it’s important to note that state-level registration doesn’t provide protection outside Texas, which is why many businesses opt for federal registration as well.
Do I Need A Trademark Attorney For Trademark Registration?
There are many reasons to consult a trademark attorney in Houston, TX to assist in the trademark filing process. Trademark counsel is crucial at the earliest stages of the process. Ideally a business will begin working with an experienced attorney in advance of the application filing to ensure the proper due diligence is performed through a trademark clearance search.
According to the United States Patent and Trademark Office (USPTO), “an attorney can let you know if your trademark should be available for your use and registration and decrease the possibility of you having costly legal problems by conducting a comprehensive clearance search…”
Under U.S. law, in addition to searching in state and federal databases a search should be performed for marks that are not registered at state or federal level. These trademarks are known as “common law”. The USPTO will not run a search of common law marks prior to issuing a trademark, which means even if your trademark application is successful in registering your trademark, you may still be sued for damages in the future if you infringe on another party’s common law rights.
The attorneys at Quadros, Migl & Crosby will do the necessary research to determine if your trademark should be available for registration, thereby decreasing your exposure to the risk of costly legal conflicts in the future. Only a trademark attorney in Houston, TX can provide a comprehensive legal opinion regarding clearance.
How a Trademark Attorney Can Help You
You have likely worked very hard to build your business and create a unique brand. Make sure your business is protected with the help of an experienced Texas and federal trademark lawyer.
A trademark attorney can help guide you through each step of the trademark process, confirming you are making the right decisions to protect your brand along the way. Here’s how we can assist you:
- Legal Advice on Branding: We can help you choose a strong, protectable trademark that represents your business and aligns with your long-term goals.
- Comprehensive Clearance Search: Before you file, we conduct a thorough search to ensure your proposed trademark isn’t already in use. This reduces the risk of future legal disputes, saving you time and money.
- Trademark Clearance Opinion Letter: After the clearance search, we can issue an opinion letter outlining whether your trademark is likely available for use and registration.
- Filing Trademark Registration: We handle the paperwork needed to register your trademark, whether it’s your business name, logo, or slogan.
- Trademark Renewals and Affidavits: To maintain your trademark protection, we manage renewals and file the necessary affidavits to keep your registration current.
- Responding to Office Actions: If the USPTO issues office actions during the examination process, we respond on your behalf. Since mandated response times were shortened in 2022, having an attorney to address these issues promptly can make all the difference in securing your trademark.
With the right legal guidance, your brand’s identity can remain secure and protected, allowing you to focus on growing your business without worrying about trademark disputes.
Safeguard Your Brand’s Identity With a Skilled Trademark Attorney
At Quadros Migl & Crosby, we understand how critical a trademark is to safeguarding your business’s identity and reputation. Our trademark attorneys in Houston, TX can guide you through every stage of securing your trademark, from the initial clearance search to responding to office actions from the USPTO. By ensuring your trademark is properly registered and maintained, we help protect your brand from costly disputes and infringement. Let us take care of the legal complexities so you can focus on growing your business.
With our team’s knowledge of both Texas and federal trademark law, we offer comprehensive legal support to businesses looking to protect their unique identity. We’ll perform thorough searches to minimize risk, handle your filings efficiently, and ensure your trademarks remain enforceable. To get started, call Quadros Migl & Crosby at (713) 300-9662 or fill out our contact form.
