![]() “Service mark” is defined as a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the services of one person from the services of another and indicate the source of the services. A trademark indicates that all goods provided in association with that mark come from the same source. “Trademark” is defined 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. The general term “mark” includes both trademarks and service marks. Can my new business renew the registration?Ī trademark is used in connection with tangible goods or products, while a service mark is used in connection with services. Do I need to notify the Secretary of State? ![]() I have a Texas mark registration however, I recently received a letter from a company telling me that I had to “cease and desist” my use of the company’s federally-registered mark.Can the Secretary of State send the person a notice? Someone is doing business under a name that is similar to my Texas registered mark.How do I maintain my Texas registration?.What does this mean?Įnforcement, Renewal, and Other Post-Registration Issues The examiner asked me to “disclaim” exclusive rights to certain words.My application was rejected because my proposed mark is “merely descriptive.” What does that mean?. ![]() What is a specimen? Do I really have to send in three specimens? Will a photograph or photocopy work?. ![]() Can I make that color scheme part of my registered mark? My logo always appears in a certain color scheme.I don’t know what class to list in Item 7.How should I describe my goods or services in Item 7 of the application?.What should I put on the Drawing Sheet?.How should I describe my mark in Item 5 of the application?.Do you need to be a corporation to register a mark?.Can I expedite the review of my application? If I drive to Austin, will you process my application while I wait? Can I fax or email my application?.Do I have to use an attorney to apply to register a mark?.Can I reserve a mark? Can I submit an application before I start using a mark?.What form do I use to apply to register a trademark or service mark in Texas?.What are the requirements for registering a mark in Texas?.Should I register the slogan as a service mark, or should I copyright it? I use a slogan to advertise my company’s services.How can I tell if someone else already has rights to a mark?.Doesn’t that mean no one else in Texas can use my business name? I incorporated my business with the Secretary of State, or I filed a “dba” with a county clerk.How do I get rights to a mark? Do I have to register my mark in order to acquire rights to it? What are the benefits of registering my mark?.What is a trademark? What is a service mark? What is the difference between the two?.If you have specific legal questions, consult your attorney. The answers to our Frequently Asked Questions are provided for informational purposes and are not intended to provide legal advice or to substitute for the advice of an attorney. SOSDirect: Business Searches & Formations.
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