Question 1

Do I need to register my trademark, or is common-law protection enough?

Accepted Answer

Using a mark in commerce creates common-law rights, but only within the geographic area where you actually use it — and only for as long as you can prove that use. Federal registration with the U.S. Patent and Trademark Office gives you nationwide priority, constructive notice to later adopters, the right to use the ® symbol, presumption of validity in litigation, access to federal court, the ability to record with U.S. Customs to stop counterfeit imports, and — after five years — potential incontestability. For any Texas business or brand with growth ambitions beyond a single city, federal registration is worth the investment.

Question 2

What is the difference between the ™ and ® symbols?

Accepted Answer

The ™ symbol may be used with any mark the owner claims as a trademark, whether or not it is registered. The ® symbol may be used only after a federal registration issues from the USPTO — and only in connection with the goods and services listed in the registration. Using ® before registration issues is a violation of federal law and can weaken later enforcement. Between filing and registration, ™ is the correct symbol; ℠ is the service-mark equivalent for services.

Question 3

How much does trademark registration cost in the United States?

Accepted Answer

USPTO government filing fees for a standard TEAS Plus application are $250 per class of goods or services (2026 fee schedule); TEAS Standard is $350 per class. Attorney fees are separate and typically cover the trademark clearance search, application preparation, response to any Office Actions, filing of the Statement of Use if the application is intent-to-use, and post-registration filings. A straightforward single-class registration from clearance through issuance is generally a low-four-figure engagement at Lone Star Counsel; complex marks, multiple classes, or opposition proceedings scale from there.

Question 4

How long does trademark registration take at the USPTO?

Accepted Answer

Current USPTO processing time from filing to first examination is approximately 8 to 12 months. Straightforward applications with no refusals may reach registration in 12 to 18 months from filing. Applications that receive Office Actions, that are opposed by third parties, or that are filed on an intent-to-use basis (which requires a later Statement of Use) frequently extend to 18 to 30 months from filing to registration. Rights relate back to the filing date once registration issues.

Question 5

Should I file my trademark with the USPTO or the Texas Secretary of State?

Accepted Answer

For nearly every serious Texas business, the USPTO. Texas state registration provides only in-Texas rights, does not preempt later federal applications, and does not carry the presumption of validity or the constructive-notice benefit of federal registration. Texas state registration can be useful as a supplemental filing but should not substitute for a federal application. Lone Star Counsel files USPTO applications from the Frisco office for clients across Texas.

Question 6

What is a trademark search and why do I need one before filing?

Accepted Answer

A trademark clearance search identifies (i) prior federal and state registrations that could block your application under Section 2(d) of the Lanham Act (likelihood of confusion) and (ii) common-law uses that could support an opposition or infringement claim. Filing without clearance risks a Section 2(d) refusal after government fees are paid, an opposition proceeding, an infringement lawsuit against you, and — most costly — the need to rebrand after you have already invested in packaging, signage, and marketing. Full-clearance searches are standard first-step engagements.

Question 7

What is the difference between a trademark and a service mark?

Accepted Answer

A trademark identifies the source of goods; a service mark identifies the source of services. Legally the two are treated identically — same statute, same USPTO office, same registration process. The USPTO classification system (International Classes 1–34 for goods and 35–45 for services) determines which classes your application must cover, and it is common for a single brand to file in multiple classes to protect both its products and the services it delivers.

Question 8

Can I trademark my personal name?

Accepted Answer

Yes — personal names can be trademarked when they function as source identifiers rather than as descriptions of the person. The USPTO applies a stricter examination standard to marks that are 'primarily merely a surname' (Section 2(e)(4)), and marks that consist of a living person's name typically require the individual's written consent (Section 2(c)). Athletes, entertainers, influencers, and founders whose names carry commercial value routinely register their names — often through a related entity that then licenses back to the individual.

Question 9

Should I register my logo, my name, and my tagline as separate trademarks?

Accepted Answer

Generally yes. A word-mark registration protects the name in every stylization; a design-mark registration protects a specific logo. Registering both provides maximum flexibility to enforce against copycats who steal one element or the other, and it survives a rebrand that changes the logo but keeps the name. Taglines that identify source (not merely describe the goods) can also be registered separately. Lone Star Counsel routinely files a package of related applications for clients building a brand portfolio.

Question 10

What can be trademarked as a business name in Texas?

Accepted Answer

The USPTO registers marks that (i) identify the source of the goods or services and (ii) are distinctive — either inherently (fanciful, arbitrary, or suggestive) or through acquired distinctiveness (descriptive marks that have obtained secondary meaning through five years of use or extensive advertising). Generic terms cannot be registered. Descriptive terms are registrable only after acquired distinctiveness is shown. Suggestive, arbitrary, and fanciful marks are registrable at inception — and generally worth the higher creative investment.

Question 11

What is an intent-to-use trademark application?

Accepted Answer

An intent-to-use (ITU) application, filed under Section 1(b) of the Lanham Act, allows an applicant who has a bona-fide intent to use a mark in commerce to file before actual use begins. This 'reserves' the filing date as the constructive-first-use date if the application matures to registration. The applicant must file a Statement of Use (with specimens showing actual use in commerce) within six months of the Notice of Allowance — with the option of five six-month extensions for good cause — before registration issues.

Question 12

What happens after I file a trademark application?

Accepted Answer

The USPTO assigns the application to an examining attorney, typically within 8 to 12 months. The examining attorney reviews the application for procedural and substantive issues and either approves it for publication or issues an Office Action identifying refusals or requirements. Approved applications are published in the Official Gazette for a 30-day opposition period. If unopposed, use-based applications register directly; intent-to-use applications receive a Notice of Allowance and register after the Statement of Use is filed and accepted.

Question 13

What is a USPTO Office Action?

Accepted Answer

An Office Action is a formal written communication from the USPTO examining attorney identifying issues with your application — ranging from minor procedural requirements (clarify the goods description, provide a translation, disclaim a descriptive component) to substantive refusals (likelihood of confusion, mere descriptiveness, primarily merely a surname, geographic descriptiveness). Non-final Office Actions can be responded to and negotiated; a final Office Action typically requires either compliance, appeal to the TTAB, or filing a Request for Reconsideration. The response deadline is generally three months from issuance (extendable once).

Question 14

What is a Section 2(d) refusal for likelihood of confusion?

Accepted Answer

Section 2(d) of the Lanham Act prohibits registration of a mark that is likely to cause confusion with a mark already registered or used in commerce. The USPTO examines against prior federal registrations and pending applications; the DuPont factors (similarity of the marks, relatedness of the goods, channels of trade, sophistication of buyers, actual confusion, strength of the prior mark, and others) guide the analysis. Responses typically argue that the marks are dissimilar in sight/sound/meaning, that the goods are unrelated, or that the marks coexist in the marketplace without confusion — sometimes supported by a consent agreement with the prior owner.

Question 15

What is a Section 2(e) refusal for descriptiveness?

Accepted Answer

Section 2(e)(1) refuses registration of marks that are 'merely descriptive' of the goods or services — meaning they immediately convey a feature, function, quality, or characteristic. Descriptive marks are registrable only on the Supplemental Register (weaker protection) or on the Principal Register after five years of substantially exclusive and continuous use establishes acquired distinctiveness (secondary meaning). Responses typically argue that the mark is suggestive rather than descriptive, that it has acquired distinctiveness, or that alternative registration on the Supplemental Register is acceptable.

Question 16

What is a specimen of use for a trademark application?

Accepted Answer

A specimen is proof that you are actually using the mark in commerce on the identified goods or services. For goods, acceptable specimens include labels, tags, packaging, product photographs showing the mark on the goods, or website screenshots showing the mark with an ordering mechanism. For services, acceptable specimens include website screenshots, advertising materials, brochures, or signage that show the mark being used in connection with the identified services. Mock-ups, digital renderings, and internal materials are not acceptable.

Question 17

What is a Statement of Use for an intent-to-use trademark application?

Accepted Answer

The Statement of Use (SOU) is the filing that converts an intent-to-use application to a use-based application after actual use begins. It requires (i) a sworn statement that the mark is in use in commerce on the identified goods or services, (ii) a specimen for each class, and (iii) payment of the SOU government filing fee ($150 per class as of the 2026 fee schedule). The SOU must be filed within six months of the Notice of Allowance, with up to five six-month extensions available.

Question 18

What are Section 8 and Section 9 trademark maintenance filings?

Accepted Answer

A Section 8 Declaration of Continued Use must be filed between the fifth and sixth years after registration (with a six-month grace period) attesting that the mark is still in use in commerce on the identified goods and services. A combined Section 8 & 9 Renewal is due between the ninth and tenth years, and every ten years thereafter. Missing either filing can result in cancellation of the registration. Lone Star Counsel docketing captures these deadlines for every registered mark we file.

Question 19

How do I enforce my registered trademark against infringers?

Accepted Answer

Common enforcement steps, escalating from lower to higher cost: (1) a cease-and-desist letter identifying the mark, the registration, the infringement, and the demand; (2) opposition or cancellation proceedings before the Trademark Trial and Appeal Board if the infringer has filed a USPTO application; (3) DMCA takedown or platform-specific brand-protection filings on Amazon, Instagram, TikTok, Etsy, and other marketplaces; (4) domain-name proceedings (UDRP) for cybersquatting; (5) recordation with U.S. Customs and Border Protection to stop counterfeit imports; and (6) federal-court litigation for damages, injunctive relief, and — in exceptional cases — attorneys' fees.

Question 20

What is a cease-and-desist letter and when should I send one?

Accepted Answer

A cease-and-desist letter is a written demand that a third party stop using an infringing mark. Effective letters identify the sender's mark and registration, describe the specific infringing use, cite the legal basis (Section 32 for registered marks, Section 43(a) for unregistered), demand specific actions (stop use, transfer domain, deliver up materials, provide accounting), and set a compliance deadline. A cease-and-desist should be sent when infringement is clear, when informal outreach has failed, or when preserving a litigation position requires a documented demand. Sending overreaching letters can generate a declaratory-judgment counterclaim.

Question 21

Can I sue for trademark infringement in Texas?

Accepted Answer

Yes. Federal trademark infringement claims under the Lanham Act may be filed in any federal district court where personal jurisdiction over the defendant exists — most commonly in the Northern (Dallas–Fort Worth), Eastern (Marshall/Sherman/Plano), Southern (Houston/Corpus Christi), and Western (Austin/San Antonio) Districts of Texas. Texas state courts also hear trademark and unfair-competition claims under Texas Business & Commerce Code Chapter 16. Remedies include injunctive relief, actual damages, defendant's profits, statutory damages for counterfeiting, corrective advertising, and — in exceptional cases — attorneys' fees.

Question 22

What is a trademark opposition and how does it work?

Accepted Answer

A trademark opposition is a proceeding filed with the USPTO's Trademark Trial and Appeal Board (TTAB) by a party who believes it would be damaged by registration of a published mark. Oppositions must be filed within 30 days of the mark's publication in the Official Gazette (extendable). The proceeding operates like federal litigation on a smaller scale — pleadings, discovery, testimony, briefing, and decision — with the sole remedy being sustaining or denying registration. Oppositions frequently settle through consent agreements or coexistence terms.

Question 23

What is a TTAB proceeding?

Accepted Answer

The Trademark Trial and Appeal Board is the administrative tribunal within the USPTO that decides oppositions to registration, cancellations of registered marks, and appeals from examining-attorney refusals. TTAB proceedings are conducted on the paper record — there is no live trial — and decisions can be appealed to the Federal Circuit or, alternatively, to a federal district court in a civil action. TTAB decisions do not award damages; the sole outcome is whether registration issues, remains, or is cancelled.

Question 24

Can I license or sell my trademark?

Accepted Answer

Yes. Trademarks may be licensed to other parties for use on identified goods or services, subject to the licensor's obligation to control the quality of the licensee's use (uncontrolled licensing is 'naked licensing' and can invalidate the mark). Trademarks may be assigned outright — but only together with the goodwill of the business associated with the mark; a bare assignment (mark without goodwill) is generally unenforceable. Assignments and licenses affecting registered marks are recorded with the USPTO Assignment Recordation Branch.

Question 25

Should influencers, athletes, and content creators register their name as a trademark?

Accepted Answer

Yes — when the name has commercial value. Register the personal name, the business name, the show or podcast title, the signature catchphrase, and any logo. The USPTO requires the individual's written consent for marks that identify a living person (Section 2(c)) and applies stricter scrutiny to surname-only marks (Section 2(e)(4)). Creators, athletes, and public figures frequently register through a personal-brand entity that then licenses back to the individual and to sponsors — a structure that also enables cleaner tax and estate planning around the brand asset.

Texas TrademarkAttorney.

Common-law rights are real. Federal registration is stronger.

A brand is a portfolio of assets.

Word marks

Design marks

Composite marks

Slogans and taglines

Product configuration and trade dress

Sound, color, scent, and motion marks

Personal names and personal brands

Domain names and social handles

When the founder is the brand.

Seven stages, from clearance through enforcement.

Clearance Search

Filing Strategy

Application Preparation

Office Action Response

Publication & Opposition

Statement of Use / Registration

Maintenance & Enforcement

A registration is only as strong as its enforcement.

Trademarks Never Stand Alone.

Why Choose Lone Star Counsel?

Answers before the filing.