Texas Trademark Laws Change: Five Years of Protection

The following changes impact trademark applications filed or pending as of September 1, 2012.

  • Term of registration reduced from 10 years to 5 years.
  • Change to time-frame for filing renewals.
  • Likelihood of confusion review expanded to include federally registered marks.
  • Multiple class applications permissible, but additional fee for each additional class.
  • Licenses, security interests, & mortgages may be recorded.
  1. Changes made to application requirements:
    • Applicant must sign and verify application. (notarization)
    • Must provide 3 specimens of use.
    • Applicant may register two or more classes for additional fee.
    • SOS may require an applicant to provide any additional pertinent information, such as any prior or pending registrations with United States Patent & Trademark Office (USPTO).
  2. Changes made to renewal application requirements:
    • Renewals must be signed and verified.
    • Renewals must include a specimen showing that the mark is still in use.
    • The time-frame for renewing a registered mark has changed.

Please review additional information on the new Trademark Act.
Please review additional information on new Trademark Administrative Rules (PDF).

About Tamera Bennett

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client's intellectual property. She works closely with her clients to implement customized brand management programs. Her clients range from rock star to leadership coach and financial guru to custom motorcycle designer. Prepared with an undergraduate degree in Recording Industry Studies and a law degree from Texas Wesleyan University School of Law, Tamera represents clients throughout Texas and Tennessee in entertainment, trademark and copyright law related matters View all posts by Tamera Bennett

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