Texas trademark registration is governed by Tex. Bus. & Com. Code Chapter 16, which was rewritten effective September 1, 2012 to track the Model State Trademark Act and federal concepts. It defines marks, dilution by blurring, and dilution by tarnishment, and covers who may register, application requirements, renewal, assignment, and cancellation.
What Texas Trademark Registration Provides
Registration with the Texas Secretary of State gives statewide rights and access to the chapter’s enforcement provisions. The chapter prohibits use of a mark confusingly similar to a registered mark and gives owners of famous marks, including marks famous only within Texas or a geographic area of it, an injunction remedy against dilution.
Remedies and Clearance
Remedies for infringement include injunctions, damages, and profits, with enhanced remedies for knowing violations. For Texas clients, state registration is a practical first layer of protection, and the dilution provision means even a regionally famous Texas brand can block a lookalike, so clearance should cover the Texas registry alongside the USPTO.
Source: Texas Legislature: Tex. Bus. & Com. Code Chapter 16
Enforcement note: Trademark rights are enforced through private legal action rather than a government complaint office. If you believe a mark is being infringed, consult a trademark attorney.
