Business
Trademarks: when a name is worth protecting
Updated July 15, 2026
A trademark is a word, name, logo, or slogan that tells customers who is behind a product or service. A strong, protected brand can become one of a business's most valuable assets. A brand you can't protect, or one that infringes someone else's, can mean an expensive rebrand.
A business name isn't automatically a trademark
When the Texas Secretary of State (SOS) accepts your LLC's name or an assumed name certificate, it only means the name is distinguishable from others in the state's records. It doesn't give you trademark rights, and it doesn't mean no one else is using a similar brand. Registering a domain name doesn't create trademark rights either.
Three levels of protection
Common-law rights come from actually using a mark in business. They're generally limited to the area where you use the mark and are harder to prove and enforce. You can use the ™ symbol with an unregistered mark.
Texas state registration with the SOS covers Texas and requires that the mark already be in use in Texas. The state fee is $50 per class, and a registration lasts five years before it must be renewed.
Federal registration with the U.S. Patent and Trademark Office (USPTO) provides nationwide rights, a public record that deters others, and the right to use the ® symbol. You can apply based on current use or on a genuine intent to use the mark.
Strong and weak marks
Trademark strength runs along a spectrum:
- Invented words, created just to be a brand, are the strongest.
- Arbitrary marks use a real word with no connection to the product, such as "Pelican" for accounting software.
- Suggestive marks hint at a quality without describing it.
- Descriptive marks describe the product or service, such as "Austin Plumbing Repair." They're hard to register until customers come to associate them with one business.
- Generic terms can never be trademarks.
Surnames and place names are often treated as descriptive.
When a name is worth protecting
Owners often consider registration when they:
- Sell online or outside their local area
- Invest heavily in packaging, signage, or advertising
- Plan to franchise, license, raise money, or sell the business
- Learn that someone else is using a similar name
The best time to check a name is before you invest in it.
Clearance searches
A knockout search ($350) quickly screens federal records for identical or obviously similar marks. A full clearance search, which takes about 5 business days, covers federal and state registrations and unregistered uses online and in business directories, and gives you our view of the risk. The question isn't only whether the same name exists; it's whether a similar mark for related goods or services could confuse customers.
The federal application process
- Filing: the application identifies the owner, the mark, the goods or services and their classes, the basis for filing, and, for a mark in use, an example of how it's used.
- Examination: a USPTO examining attorney typically reviews the application several months after filing and may issue an office action raising objections that must be answered by a deadline.
- Publication: an approved mark is published so others have a set period to oppose it.
- Registration: a mark already in use registers after publication. For an intent-to-use application, the owner must show actual use before the mark registers.
Registration often takes 12 to 18 months overall.
Keeping a registration alive
- Keep using the mark; long periods of nonuse can lead to loss of rights.
- File the required federal maintenance documents between the fifth and sixth years after registration, and renew every ten years.
- Watch for similar marks and address them early.
- Be wary of official-looking letters from private companies asking for fees to register or monitor your mark.
How we help
| Service | Our fee | Government fee |
|---|---|---|
| Knockout search | $350 | None |
| Full clearance search + federal application, one class | $1,450 | USPTO fee, currently $350 per class |
| Each additional class | $400 | USPTO fee per class |
| Office action response | from $600 | Usually none |
| Texas state trademark application | $450 | $50 per class |
Daniel Sato handles most of our trademark clearance and filing work. We don't handle trademark litigation or opposition proceedings; if a dispute arises, we'll help you find counsel.
This is general information, not legal advice.