Texas Trademark Laws Change: Five Years of Protection

Image copyright Robert Hensley CC 2.0

Image copyright Robert Hensley CC 2.0

The following changes impact trademark applications filed with the Texas Secretary of State or applications pending as of September 1, 2012.

  • Term of registration reduced from 10 years to 5 years.
  • Change to time-frame for filing renewals.
  • Likelihood of confusion review expanded to include federally registered marks.
  • Multiple class applications permissible, but additional fee for each additional class.
  • Licenses, security interests, & mortgages may be recorded.
  1. Changes made to application requirements:
    • Applicant must sign and verify application. (notarization)
    • Must provide 3 specimens of use.
    • Applicant may register two or more classes for additional fee.
    • SOS may require an applicant to provide any additional pertinent information, such as any prior or pending registrations with United States Patent & Trademark Office (USPTO).
  2. Changes made to renewal application requirements:
    • Renewals must be signed and verified.
    • Renewals must include a specimen showing that the mark is still in use.
    • The time-frame for renewing a registered mark has changed.

Please review additional information on the new Trademark Act. Please review additional information on new Trademark Administrative Rules (PDF).

Image used courtesy of CC 2.0.