Creating and owning a unique brand for your goods and services is vital to the success of your business and therefore must be protected. A unique and memorable logo and slogan helps clients to recognize your company and encourages repeat business. A trademark can be a word, phrase, symbol, image, or device unique to your business. Trademarking your brand identifier provides legal protection against copycats, brand dilution, and others conducting business transactions with your name.
The Texas Secretary of State defines a trademark as a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the person’s goods from the goods manufactured or sold by another; and indicate the source of the goods. Tex. Bus. & Com. Code §16.001(10). A trademark indicates that all goods provided in association with that mark come from the same source.
Do I Need A Trademark Attorney For Trademark Registration?
There are many reasons to consult a trademark attorney to assist in the trademark filing process. Trademark counsel is crucial at the earliest stages of the process. Ideally a business will begin working with an experienced trademark attorney in advance of the application filing to ensure the proper due diligence is performed through a trademark clearance search.
According to the United States Patent and Trademark Office (USPTO), “an attorney can let you know if your trademark should be available for your use and registration and decrease the possibility of you having costly legal problems by conducting a comprehensive clearance search…”
Under U.S. law, in addition to searching in state and federal databases a search should be performed for marks that are not registered at state or federal level. These trademarks are known as “common law”. The USPTO will not run a search of common law marks prior to issuing a trademark, which means even if your trademark application is successful in registering your trademark, you may still be sued for damages in the future if you infringe on another party’s common law rights.
The attorneys at Quadros, Migl & Crosby will do the necessary research to determine if your trademark should be available for registration, thereby decreasing your exposure to the risk of costly legal conflicts in the future. Only an attorney can provide a comprehensive legal opinion regarding clearance.
Our Texas and federal trademark attorneys provide the following services for clients in Houston, Dallas, Austin, and throughout the state of Texas:
- Legal advice on branding.
- Comprehensive clearance search to determine if your trademark should be available for your use and registration, thus decreasing the possibility of future costly legal disputes.
- Our trademark attorneys can provide you with a trademark clearance opinion letter regarding the availability of your proposed trademark for use and registration.
- File trademark registration paperwork needed to protect your company name, logo, and slogan.
- File trademark registration renewals and affidavits to ensure your brand remains protected.
- Respond to office actions issued during the examination of your trademark application at the USPTO. The time to respond to office actions was decreased significantly in December 2022, making it even more important to have an advocate working for you to ensure the application process goes smoothly.
You have likely worked very hard to build your business and create a unique brand. Make sure your business is protected with the help of an experienced Texas and federal trademark lawyer. The attorneys at Quadros, Migl & Crosby will assist you in every step of the trademark process. Call (713)300-9662 today to speak with a Texas trademark lawyer or contact us to set up your initial consultation.