How to Trademark a Business Name in Texas (2026)

Fact-checked by the LegalGlass editorial team against primary sources · Published Aug 20, 2026 · Last updated Aug 20, 2026

A Texas trademark costs $50 per class on Form 901 filed with the Texas Secretary of State and lasts five years, renewable on Form 902 during the last six months of the term. A federal registration with the USPTO costs $350 per class and is the only way to obtain nationwide rights.

Three Layers of Trademark Rights

Business-name rights come in three layers, and they are routinely confused. Registering an entity or a trade name with the state creates a record that you use the name; it does not create ownership. Common-law rights arise automatically when you actually use a mark in commerce, but only in the geographic area where you use it. A registration — state or federal — adds legal presumptions and remedies on top.

That is why a business can be properly registered with the Secretary of State and still be forced to rebrand: an earlier user or registrant of a confusingly similar mark has the better right. Decide early whether the name is a brand you will invest in or just a label. If it is a brand, clear it and register it before you print signage. The trademark hub and glossary define the terms used here.

Clear the Name Before You File

Searching first is the cheapest step in the whole process, because application fees are not refunded when a mark is refused. Start with the USPTO's public trademark database for identical and similar federal marks in related classes, then check state registers, business entity records, domain names, app stores, and ordinary web search for unregistered common-law users. Common-law rights arise from use alone and can block a later registrant in the territory where the user operates.

Look for likelihood of confusion, not identity. Marks that merely sound alike, look alike, or convey the same commercial impression for related goods will be refused. Also avoid marks that are merely descriptive of the goods, geographically descriptive, or primarily a surname — these are refused registration on the Principal Register without proof of acquired distinctiveness. A distinctive, arbitrary, or coined name is cheaper to register and far cheaper to enforce.

Registering a Trademark in Texas

Texas registers trade marks and service marks under Chapter 16 of the Texas Business & Commerce Code, administered by the Secretary of State. You file Form 901, Application for Registration of a Mark, and the filing fee is $50 per class. A mark covering two classes therefore costs $100. Filings can be submitted through the Secretary of State's trademark portal or on paper.

A Texas registration runs for five years. It expires unless you file a renewal, on Form 902, during the last six months of the five-year period, and the mark must still be in use at the time of renewal. There is no grace period after expiry, so diary the renewal window the day the registration issues.

Texas registration is a use-based system: you state the date the mark was first used anywhere and first used in Texas, describe the goods or services, and give the class. Before filing, search the Secretary of State's trademark records through SOSDirect and check the Texas business entity search for entity names that would conflict. Registering an entity name is not the same as registering a mark — see Texas DBA filing for the assumed-name side.

Federal Registration with the USPTO

A federal registration is the stronger right and the one most brands eventually want. It is granted by the United States Patent and Trademark Office under the Lanham Act and covers all fifty states, which a state registration never does. You file through Trademark Center. The base application fee is $350 per class of goods or services, so a mark covering two classes costs $700 before any surcharge.

Three surcharges catch unprepared filers. Leaving required information out of the application adds $100 per class. Writing your own free-form description instead of choosing from the USPTO's pre-approved Trademark ID Manual adds $200 per class. A description longer than 1,000 characters adds a further $200 per affected class. Choosing pre-approved wording is the single cheapest decision in the process.

State or Federal: Which to File

Choose federal if you sell across state lines, online, or plan to. Federal registration gives nationwide constructive notice, a presumption of ownership and validity, access to federal court, a basis for customs recordation against counterfeit imports, and the right to use the ® symbol. It also costs more and takes substantially longer, because an examining attorney reviews the application on the merits.

Choose a state registration if your trade is genuinely local and you want a cheap, fast public record with in-state remedies. Many owners do both: file the state registration for immediate local coverage, and file federally at the same time so examination runs in parallel. What you should not do is treat a state registration as a substitute for federal protection when you sell nationally. Compare with how to trademark a business name.

Keeping a Federal Registration Alive

A federal registration is not permanent by default. Between the fifth and sixth anniversary of registration you must file a Section 8 declaration of continued use, at $325 per class, with a specimen showing the mark still in use. After that, a combined Section 8 declaration and Section 9 renewal — also $325 per class — is due every ten years. Miss the window and the registration is cancelled, and you start again from scratch.

Rights also depend on continued use. A mark abandoned in commerce can be cancelled on that ground no matter how carefully the deadlines were met. Police your mark: watch for confusingly similar filings, use the ® symbol only after registration issues, and keep dated specimens of packaging, signage, and web pages. See do I need to trademark my business name and how much it costs to trademark a name.

Common Mistakes

The recurring errors are predictable. Filing before searching wastes non-refundable fees. Choosing a descriptive name guarantees a refusal or a weak mark that cannot be enforced. Writing a custom description of goods triggers the $200 per-class surcharge and often an office action as well. Claiming use that has not happened is fatal: if the mark is not yet in commerce, file on an intent-to-use basis and pay the $150 Statement of Use fee later.

Two more are specific to small businesses. Registering the entity and stopping there leaves the brand unprotected. And ignoring office actions abandons the application — the USPTO sets a response deadline and does not extend it informally. If you receive a refusal on likelihood of confusion or descriptiveness, that is the point at which professional help usually pays for itself.

Frequently Asked Questions

How much does it cost to trademark a business name in Texas?

The Texas Secretary of State charges $50 per class to file Form 901, Application for Registration of a Mark. A federal registration with the USPTO costs $350 per class in Trademark Center, before any surcharge for insufficient information or a custom description of goods.

How long does a Texas trademark registration last?

Five years. To keep it, file a renewal on Form 902 during the last six months of the five-year term, and the mark must still be in use at that point. Texas offers no grace period after expiry, so the renewal window should be diarised when the registration issues.

What form do you use to register a trademark in Texas?

Form 901, Application for Registration of a Mark, filed with the Texas Secretary of State under Chapter 16 of the Texas Business & Commerce Code. Renewals use Form 902. Both can be filed through the Secretary of State's trademark portal or submitted on paper.

Should I file in Texas or with the USPTO?

File in Texas if your trade is genuinely local and you want cheap, fast in-state coverage. File federally if you sell online or across state lines: only a USPTO registration gives nationwide rights, federal court access, and the registered symbol. Many owners file both in parallel.

Does forming a Texas LLC protect my business name?

No. Filing a Certificate of Formation stops another Texas entity from taking the identical name on the register, but it creates no trademark rights. An earlier user or registrant of a confusingly similar mark can still stop you using the name, in Texas or elsewhere.

Related

• How to trademark a business name (cluster hub)
• Trademark hub
• How much does it cost to trademark a name?
• Do I need to trademark my business name?
• Texas DBA filing
• How to form an LLC in Texas
• Trademark a business name in California (sibling)
• Trademark a business name in Louisiana (sibling)

Sources

1. Texas Secretary of State — Trademark Forms (Form 901 application; Form 902 renewal).
2. Texas Secretary of State — Form 901, Application for Registration of a Mark ($50 per class).
3. Texas Secretary of State — Trademarks FAQs (five-year term; renewal in the last six months).
4. Texas Business & Commerce Code — Chapter 16, Trademarks.
5. Texas Secretary of State — SOSDirect Filing Fees.
6. USPTO — USPTO Fee Schedule ($350 base application per class; $100/$200 surcharges; $150 Statement of Use; $125 extension; $325 Section 8; $325 Section 9).
7. USPTO — Trademark Basics.
8. USPTO — Search Trademark Database.
9. USPTO — Apply for a Trademark (Trademark Center).
10. USPTO — Maintaining Your Registration (Sections 8 and 9).
11. Legal Information Institute (Cornell) — 15 U.S.C. § 1051, application for registration.
12. Legal Information Institute (Cornell) — 15 U.S.C. § 1127, definitions and "use in commerce".

LegalGlass provides general information for educational purposes and is not legal advice, is not a law firm, and is not a substitute for advice from a licensed attorney or tax professional. Laws, fees, and thresholds change; verify current requirements with the Texas Secretary of State and the USPTO before acting.