Federal and Texas Trademark Protection for Austin Businesses and Brands
The Kumar Law Firm PLLC helps Austin entrepreneurs and business owners register and protect trademarks and service marks at both the federal and Texas state levels. A trademark identifies the source of goods, while a service mark identifies the source of services, and both can be powerful business assets when properly secured. Whether you are launching a brand, expanding across state lines, or defending a mark you already use, our Austin intellectual property attorneys guide you through clearance searches, USPTO applications, and enforcement of rights so the brand you build remains yours.
Why Choose the Kumar Law Firm PLLC
Choosing the right firm to protect your brand matters almost as much as the mark itself. Businesses across Austin and Central Texas turn to our team for trademark and service mark work because of what we bring to every matter:
- A USPTO-licensed patent practitioner, founder Sanjeev Kumar, who also brings firsthand experience as a former business owner
- Attorneys who prepare and prosecute trademark applications before the USPTO and handle disputes when they arise
- Two attorneys with over 40 years of combined business and legal experience
- Clearance searches through millions of registered and pending trademarks before an application is ever filed
- A boutique, business-focused practice that treats your brand as the long-term asset it is
- Guidance that ties your trademark work to a broader intellectual property strategy, including copyrights, trade secrets, and patents
We focus on long-term relationships, not one-time filings, so your brand stays protected as your business grows. That means you have a legal partner who not only secures your rights today, but helps position your brand for lasting growth and protection in the years ahead.
Trademark Registration Services in Austin, Texas
Many people do not know that you acquire trademark rights the moment you start using a mark in commerce, even without registering it. Those rights, referred to as “common law” rights, are real, but they reach only the geographic area where you actually use the mark. If you are using your mark in interstate commerce, federal registration with the U.S. Patent and Trademark Office can extend your protection across the country and give you tools that common law rights cannot.
Registering your trademark or service mark provides substantial advantages:
- Public notice of your ownership of the mark
- A legal presumption that you own the mark and have the exclusive right to use it
- The right to use the federal registration symbol, ®
- The ability to record the mark with U.S. Customs and Border Protection to block infringing imports
- The right to enforce your mark in federal court
- A path to incontestable status after five years of continuous use for marks registered on the Principal Register, once you file the required declaration with the USPTO
If you choose not to register, you can still use “TM” for goods or “SM” for services to signal that you claim rights in the mark. Those symbols put others on notice, but they are not a substitute for the nationwide protection that registration provides. Knowingly using the ® symbol before your mark is registered can be treated as a deceptive practice that may bar you from enforcing the mark, and in some cases can support a fraud claim against your registration.
The Trademark Registration Process for Texas Business Owners
Securing a trademark follows a defined path, from application to registration. Knowing each step helps you set realistic expectations and avoid mistakes that can cost you time and money.
Filing a Trademark Application in the USPTO
To federally register a trademark or service mark, you file an application with the U.S. Patent and Trademark Office. The office then searches its records and will refuse a mark that is confusingly similar to an existing mark for related goods or services. Review times vary with the USPTO’s workload, so check the USPTO’s current first-action pendency figure for the latest timeline to first review by an examining attorney.
Reasons a Trademark May Be Denied
Several issues can lead to a refusal. One of the most common is a likelihood of confusion with a mark already registered for related goods or services. A mark may also be refused if it merely describes the goods or services, is primarily geographically descriptive, or is primarily merely a surname. Each of these grounds has exceptions and the risk of these rejections may be assessed before an application is even filed, which is why working with an experienced attorney before you file is valuable.
Publication and Opposition
Once an examining attorney approves a mark, it is published in the USPTO’s Official Gazette. Anyone who believes they would be harmed by the registration then has 30 days to file an opposition, or to request more time to do so. If no opposition is filed, the mark proceeds toward registration.
Registering a Trademark at the Texas State Level
Federal registration is not your only option. A business that operates primarily within Texas can also register a mark with the Texas Secretary of State under the state trademark statute.
State registration requires actual use of the mark within Texas and lasts five years, with the option to renew. Federal registration is more flexible on this point: you can file based on actual use, or on a good-faith intent to use the mark, reserving your rights before you have launched. Texas state registration is narrower than federal registration, which protects your mark nationwide, but it can add a useful layer of protection for a local Austin business that does not do business outside of the state.
Our Austin service mark attorneys can help you decide whether federal registration or Texas state registration best fits your goals.
What Happens If Someone Infringes Your Trademark?
A registration is only valuable if you enforce it. If another business uses a mark that is confusingly similar to yours, you may have a trademark infringement claim. Your options range from a demand that the other party stop to a lawsuit in federal court.
Many disputes begin with a letter, and if you are on the other side of the dispute, knowing how to respond to a trademark cease-and-desist letter can protect your position from the start. Our Austin trademark attorneys help clients both enforce their marks against infringers and respond when their own use is challenged.
Contact Our Experienced Austin Trademark Attorneys
Your brand is one of your most valuable business assets, and the best time to protect it is before a competitor claims it first. The Kumar Law Firm PLLC helps Austin entrepreneurs and business owners with trademark clearance searches, federal and Texas registration, and brand enforcement. Contact our office to schedule a consultation and put your trademark and service mark protection on solid footing.
Frequently Asked Questions
Below are answers to questions Austin business owners and content creators often ask about trademarks and service marks.
Do I need an attorney to register a trademark?
You can file an application yourself, but an attorney adds real value by identifying the potential risks upfront, running a thorough clearance search, drafting an accurate description of your goods or services, and responding to any refusals from the USPTO. Mistakes can lead to delays, refusals, and filing fees that are not refunded. You can read more about what a trademark clearance search involves before you decide.
How long does trademark protection last?
A federal registration can last indefinitely, as long as you continue using the mark and file the required maintenance and renewal documents on time: generally, a declaration of continued use between the fifth and sixth years of registration, and a renewal every ten years after that. A Texas state registration lasts five years and can be renewed. If you stop using a mark, you can lose your rights to it, so consistent use matters. Pairing a trademark with a broader intellectual property strategy helps keep your protections current.
Can I use the ® symbol before my trademark is registered?
No. The ® symbol is reserved for marks that are federally registered with the USPTO. Before your registration issues, you can use TM for goods or SM for services to show that you claim rights in the mark. Knowingly using the registered symbol before your mark is registered can jeopardize your ability to enforce it, so wait until your registration issues.