Trademark

Distinguished Goods and Services

Trademarks distinguish the source of goods and services from competitors in a marketplace. Use-in- commerce, first-in-time, and likelihood of confusion are trademark law touchstones. Although Texas recognizes trademark rights in the common law, limited geographic protection and burden of proof issues incentivize applying to register with the United States Patent and Trademark Office (“USPTO”).

Trademarks are intangible assets of the business and a type of intellectual property. Sophisticated potential purchasers of the business will want to know how the trademarks have been protected.

Enhanced Trademark Coverage for Growing Businesses

Trademarks do more than identify your company—they protect the value behind your products and services. Strong trademark strategy helps prevent competitors from copying your brand, gives you clearer enforcement rights, and supports long-term brand expansion.

Why Trademark Clearance Matters

Before investing in a new name, logo, or product line, businesses should know whether the trademark is available. A proper clearance search evaluates:

• Existing federal and state trademark registrations
• Common-law use that may block rights
• Likelihood of confusion risks
• Industry-specific competition

A clearance search reduces the risk of receiving a cease-and-desist letter after launch and helps ensure you invest in a brand that can grow with your company.

Protecting Your Rights Through Registration

Federal registration with the USPTO provides several advantages:

• Nationwide priority
• A legal presumption of ownership
• Enhanced enforcement tools
• Public notice to competitors
• Eligibility for customs protection against counterfeit imports

Businesses often underestimate how much leverage a registration provides in negotiations and enforcement actions.

Registering Trademarks

While you can register a trademark with the Texas Secretary of State, most businesses gain the greatest protection through a federal USPTO registration. A USPTO registration provides a legal presumption of ownership, exclusive nationwide rights, and stronger enforcement tools. In contrast, an unregistered mark requires evidence of use and may only have protection in the specific geographic areas where it is used.

Maintaining Registered Trademarks

Once registered with the USPTO, periodic filings are required to maintain the registration. Failure to file the required maintenance information will result in the registration being cancelled.

Policing Trademarks

Policing your trademark means looking for and acting to stop potential infringement. Acting to stop potential infringement should be done reasonably quickly to avoid a defense that too much time has passed.

Trademark Enforcement & Brand Monitoring

Even with a registered trademark, businesses must monitor the marketplace for copycat use. Keith Law, PLLC assists with:

• Cease-and-desist letters
• Online marketplace takedowns
• Social media username disputes
• Oppositions and cancellations before the USPTO
• Infringement strategy and resolution

Ongoing enforcement preserves the distinctiveness and value of your brand.

Hiring a a Houston Trademark Lawyer

Although it is possible for a business to handle its own trademark application with the USPTO, it is often a wise decision to retain an attorney experienced with trademark applications to properly prepare the application and effectively address subsequent office actions issued by the assigned USPTO examining attorney. It is also a good idea to consult an attorney to help with maintaining, monitoring, and policing your marks.