How to Trademark a Business Name in Texas: FAQs Answered by a Dallas Trademark Attorney
At The Law Spot we get this question almost daily: “How do I protect my business name?” Whether you’re just starting out or scaling fast, registering your trademark is one of the smartest legal moves you can make. Below, we answer the most common questions Texas entrepreneurs have about trademarking a business name.
1. Do I need to register my business name as a trademark?
Yes — if you want exclusive rights to use your business name nationwide and prevent others from using a similar one, a federal trademark is your best protection. Simply registering your business with the Texas Secretary of State or reserving a domain name doesn’t give you trademark rights.
2. What’s the difference between a Texas trademark and a federal one?
- Texas Trademark: Protects your name only within the state of Texas.
- Federal Trademark (USPTO): Protects your brand nationwide and is enforceable in federal court.
💡 At The Law Spot, we almost always recommend filing federally to maximize protection.
3. How long does the trademark process take?
On average, the federal process takes about 8–12 months, assuming there are no issues. Here’s a snapshot of the timeline:
- Search & prep: 1–2 weeks
- USPTO examination: 3–6 months
- Publication period: 30 days
- Approval & registration: 3–5 months
4. What can be trademarked — just the name?
You can trademark more than just your business name:
- Business name
- Logo
- Slogan
- Product name
- Podcast title (yes, even that!)
5. What if someone is already using a similar name?
We’ll conduct a comprehensive trademark search to assess risk. If there’s potential for confusion with another brand, it’s better to know before you invest in branding, signage, packaging, etc.
6. Can I file a trademark myself, or should I use an attorney?
You can file it yourself, but there’s a high risk of:
- Rejection due to improper classifications
- Weak protections from vague wording
- Missed legal nuances that affect enforceability
💼 Working with trademark attorneys at The Law Spot ensures the filing is accurate, strategic, and enforceable.
7. How much does it cost to trademark a business name?
With The Law Spot’s flat-fee trademark packages, you’ll know exactly what you’re paying — no hourly surprises.
📝 Typical fees include:
- Legal services (flat-fee)
- USPTO filing fee (typically $350 per class)
Ask us about payment plans for new business owners!
8. When should I start the trademark process?
As early as possible. Ideally, before you:
- Launch your website
- Print business cards or packaging
- Invest in advertising or branding
Ready to Protect Your Brand?
At The Law Spot, we make trademark protection approachable, affordable, and efficient. Book a consultation today and let’s secure your brand — so you can focus on growing it.