Trademark FAQs

Does your business need a trademark registration right away?

Your business does not need to register for a trademark right away.

Typically you need to be able to show “use in commerce” when registering for a mark, which means that you should be able to prove it was being used before you could register it. However, there is the option to apply for an intent-to-use ( ITU ) trademark.

If you proceed with an ITU trademark, you still have to demonstrate your use of the mark in commerce by completing the documentation and paying the additional fees within the allotted timeframe prior to the mark’s registration.

How many trademark classes do I need to register in?

It depends on what you sell.

The USPTO puts all products and services into 45 classes. Own a restaurant? You provide a service in class 43 (food services). Also sell cookbooks and teach cooking at the restaurant? You may want to register in class 16 (paper goods) and class 41 (education and entertainment services) too.

Usually, your trademark protection is limited to the classes listed in your application.

What is a service mark?

A service mark is any name, logo, device, sound, color or design that identifies the source or origin of one’s services and distinguishes them from those of others. For purposes of this document we use the term “trademark” to include both trademarks and service marks.

How much does it cost to file an application for federal registration of a trademark?

The USPTO charges a filing fee of $275 per class. Our legal fee is disclosed upon an initial consultation.

When am I legally entitled to use the “circle R (®)” designation in association with my mark?

You may use the ® designation once the registration issues. You may not use it prior to registration.

How can I tell if someone else already has rights to a mark?

Registering your mark with the Secretary of State does not necessarily mean that someone else does not already have a superior right to use that name in commerce. When examining an application to register a mark, the Secretary of State only considers its database of registered Texas marks and those registered with the USPTO. We do not search the state or county assumed name records, legal names of corporations or other filing entities. We do not search phone books, the internet, or any other “common law” usage of marks in commerce. The person seeking to register a mark is responsible for a more substantial search to avoid infringing on the marks of others. Private companies can do a comprehensive search for a fee.