Trademarks & Service Marks
A trademark is a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the person's goods, including a unique product, from the goods manufactured or sold by another, and indicate the source of the goods, regardless of whether the source is unknown. Tex. Bus. & Com. Code § 16.001(10).
A service mark is a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the services of one person, including a unique service, from the services of another, and indicate the source of the services, regardless of whether the source is unknown. The term also includes the titles, character names used by a person, and other distinctive features of radio or television programs, regardless of whether the titles, character names, or programs advertise the sponsor's goods. Tex. Bus. & Com. Code § 16.001(8).
The word “mark” is often used generally to refer to both trade and service marks.
State Registration
Marks used in connection with the sale of goods or provision of services in Texas may be registered with us pursuant to:
- Texas Business & Commerce Code chapter 16; and
- 1 Texas Administrative Code chapter 93
Federal Registration
Marks used in interstate commerce may also be registered under federal law. Information on registering a federal mark may be obtained from the Trademark Section of the United States Patent and Trademark Office.
Patents & Copyrights
We register state trade and service marks, but do not grant patents or register copyrights.
- Patent Section of the United States Patent and Trademark Office.
- United States Copyright Office in the Library of Congress.