Best Trademark Lawyers in Houston

About Trademark Law in Houston, United States

Trademark law protects distinctive names, logos, symbols, slogans, and other identifiers that distinguish goods or services of one business from those of others. In Houston, just like the rest of the United States, trademark law is governed by both federal law (primarily the Lanham Act) and state law. Because Houston is a major business hub in Texas, trademark protection is vital for companies looking to build and safeguard their brand identity in the marketplace. Applying for and enforcing trademarks helps prevent others from misusing your mark and confusing your customers.

Why You May Need a Lawyer

Trademark issues can be complex, especially if you are starting a new business, launching a product, or expanding your services. You may need a lawyer in the following situations:

• You want to register a trademark with the United States Patent and Trademark Office (USPTO) or the Texas Secretary of State
• Someone has accused you of trademark infringement
• You have discovered another business using a name, logo, or slogan similar to yours
• You are purchasing or selling a business, and trademarks are part of the transaction
• Your trademark registration has been challenged, opposed, or is being cancelled
• You need help maintaining or renewing your trademark
• You want to license your trademark to another business
• You are considering expanding your business internationally and want trademark protection abroad

An attorney in Houston who specializes in trademarks can help navigate these issues to avoid costly legal disputes and protect your brand.

Local Laws Overview

Trademarks in Houston are protected under both federal and state laws. While federal trademark law provides nationwide protection, Texas state trademark registration offers protection within the state’s borders. Businesses in Houston may want to register their trademarks both federally through the USPTO and at the state level with the Texas Secretary of State. Texas law prohibits the registration of marks that are too similar to existing ones, generic, or deceptive. Additionally, Houston businesses should be aware of common law trademark rights, which are established through actual use of a mark in commerce, even without formal registration. Enforcement of trademark rights generally happens through civil litigation, and potential remedies include court orders to stop infringement, monetary damages, and sometimes attorney’s fees.

Frequently Asked Questions

What is a trademark?

A trademark is any word, phrase, symbol, design, or a combination of these that identifies and distinguishes the source of goods or services of one party from those of others.

Should I register my trademark federally or with the state of Texas?

Federal registration through the USPTO offers broader protection across the United States, while registering in Texas protects your mark within the state. Many Houston businesses choose to register at both levels for maximum protection.

What can I trademark?

You can trademark business names, product names, logos, slogans, and even unique packaging if they distinguish your goods or services from others.

How long does trademark protection last?

Federal trademark rights can continue indefinitely as long as you keep using the mark and file the required maintenance documents. Texas state registrations have specific renewal requirements, typically every five to ten years.

What should I do if someone copies my trademark in Houston?

You should consult a trademark attorney promptly. You may be able to send a cease-and-desist letter or pursue legal action to enforce your rights.

Can I trademark my business name if someone else is already using it?

If your business name is already in use for similar goods or services, you may not be able to register it. A trademark search can help you determine availability.

How long does it take to register a trademark?

Federal registration can take anywhere from eight months to over a year. State registration in Texas is typically faster, often taking a few weeks to a few months.

What is the cost to register a trademark in Houston?

Federal filing fees usually start at a few hundred dollars per class of goods or services, while Texas state filing fees are generally lower. Attorney fees are additional and vary based on the complexity of your case.

What rights do I have if I use a trademark without registration?

You may still have "common law" trademark rights based on actual use in commerce. However, these are generally limited to the geographic area where the mark is used and provide less protection than a registered trademark.

What steps can I take to protect my trademark?

Conduct a comprehensive trademark search before using a new mark, register your trademark at the state and federal levels if possible, monitor the market for infringement, and enforce your rights if necessary.

Additional Resources

The following resources can help those seeking trademark advice or protection in Houston:

• United States Patent and Trademark Office (USPTO) - for federal trademark registration
• Texas Secretary of State - for state trademark registration
• Houston Bar Association - for lawyer referrals and legal clinics
• Small Business Development Center (SBDC) at the University of Houston - for support and guidance for new businesses
• Legal Aid organizations in Houston that may provide assistance to qualifying individuals or businesses

Next Steps

If you need legal assistance with a trademark in Houston, consider taking the following steps:

• Identify your trademark issue, such as registration, enforcement, or defense against infringement
• Gather relevant documents, including business names, logos, dates of first use, and any communications related to your trademark
• Consult a Houston-based trademark attorney or a reputable trademark specialist for a professional assessment
• Begin the registration or enforcement process as recommended by your legal counsel
• Monitor your trademark and periodically review your strategy to ensure continued protection of your brand

Trademark law is an essential aspect of building and protecting a business identity in Houston. By taking a proactive approach and seeking professional guidance, you can safeguard your brand and ensure your intellectual property remains exclusively yours.