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.


Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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