The 901 Texas form, formally known as the Instructions for Trade or Service Mark Application, serves as a pivotal step for businesses aiming to safeguard their brand's identity within the state of Texas. This document delineates the requirements and steps necessary for registering a trademark or service mark, emphasizing the importance of actual use in Texas commerce and distinctiveness as criteria for eligibility. To ensure the protection of your brand and gain the procedural advantages that come with registration, consider filling out the form by clicking the button below.
Engaging with the Form 901 in Texas involves understanding a comprehensive set of instructions tailored for those aiming to register trade or service marks within the state. Operating under specific legal provisions, it encapsulates not just a mechanism for declaring a business's unique brand identity through marks like brand names, logos, or slogans but also delineates the distinction between trademarks and service marks based on their application to goods or services, respectively. The form stresses the non-registrability of trade names, emphasizing that a company name, without demonstrating a distinctive character or being used significantly apart from other business identifiers, might not qualify as a mark. It highlights the strategic advantage of registering a mark, such as establishing statewide priority rights against similar future claims and offering procedural benefits in legal disputes over infringement. Potential registrants are advised to undertake due diligence through conflict checks to ascertain the uniqueness of their mark, avoiding possible legal entanglements. The prerequisites for registration embed the necessity for the mark to be in active use within Texas, reinforcing the significance of distinctiveness and the potential for certain non-distinctive marks to qualify through sustained and exclusive use. Detailed instructions cover the submission process, including specification about the applicant, use, and graphical representation of the mark, alongside financial stipulations, all underpinned by the aim of fostering a robust framework for mark registration that aligns with legal benchmarks to affirmatively codify a business's branding elements within Texas's competitive marketplace. This intricate process underscores not just the procedural rigor, but also the practical necessity for legal counsel to navigate the intricacies of state trademark law.
Form 901—Instructions
(Trade or Service Mark Application)
The attached form is designed to meet minimal statutory filing requirements pursuant to the relevant code provisions. The form and the information provided are not substitutes for the advice and services of an attorney.
General Information
Trade and service marks are commonly referred to as brand names, logos or slogans. Trademarks are used to identify tangible goods. Service marks are used to identify services. The term “mark” is used to refer to both trademarks and service marks.
Trade names not registrable. “Trade names” are terms used only to identify a business organization, rather than to distinguish the goods or services provided by the business. A company name may be viewed to be merely a trade name, instead of a mark, if it is advertised in such a way that it attracts little attention, is used in close proximity to an address or phone number, or is dominated by the presence of another mark. However, a company name may be registered if it is shown to function as a mark.
Effect of registration. The registration of a mark with the secretary of state creates a statewide priority of rights in the mark against any other person who subsequently adopts the same or a confusingly similar mark. Registration also provides “constructive notice” to all persons in the state of Texas of the priority of the registered mark and provides the owner with certain procedural advantages when the owner seeks judicial relief for infringement. For these reasons, it is beneficial for an owner of a mark who does business in Texas to register a mark with the secretary of state.
Applicant should conduct a conflict check. Since identical or confusingly similar marks may not be registered by more than one person, a person planning to use or register a mark should take steps to determine whether others have priority of rights to that mark. Although checking the active registrations on file with the Secretary of State can be a useful step, the absence of a conflicting registration on file does not mean that no one else claims priority of rights in the mark.
Requirements for Registration
Mark Must Be In Use: Registration of marks in Texas is based on actual use of the mark in Texas commerce. For example, before an application can be submitted to the secretary of state, the trademark must be used on a product sold or distributed in Texas, or the service mark must be used in association with services rendered in Texas (during advertising or sale). A proposed mark may not be “reserved” prior to its actual use in Texas commerce or before the submission of a properly completed and filed application. If an application is submitted prior to actual use, registration will be refused, and the processing fee submitted with the application will not be refunded.
Mark Must Be Distinctive: Only distinctive words, names, symbols, devices, or logos are entitled to registration. A designation that is primarily a surname, or that is commonly used in describing the product or service, or that directly describes the qualities or characteristics of a product or service is not distinctive on first use and not entitled to registration. For example, the terms "Food & Beverage On- Line" would not be entitled to registration when used in association with "a news and information service for the food processing industry contained in a database" since such terms would be merely descriptive of such a service. However, sometimes a designation that is not inherently distinctive may acquire distinctiveness through at least five (5) years of continuous and substantially exclusive use.
Form 901
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Instructions for Application
Type or print in black ink in English, subject to the provisions of § 93.31 of 1 Texas Administrative Code Chapter 93. Use of the application form is recommended, but not mandatory. Submit your application along with a drawing, specimens, and filing fee of $50 per classification:
by mail to the Secretary of State, PO Box 13697, Austin, Texas 78711-3697;
fax with credit card information (Form 807) to (512) 463-5709; or
delivery to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701.
Item 1: The applicant should be the person who owns the mark and controls the use of the mark and the quality of the goods or services. If the applicant is an individual sole proprietor doing business under an assumed name (“d/b/a”), then provide the individual’s name, followed by the assumed name of the business. If the applicant is a general partnership or joint venture, then provide the name of the partnership or joint venture. If the applicant is an organized entity, such as a corporation, limited liability company, or limited partnership, then provide the legal name of the organized entity as shown in its formation document (e.g., ABC Business Company, Inc.)
Item 2: Provide the business address of the applicant. (During the examination process, the secretary of state will send correspondence regarding the application to the submitter address provided in the cover letter, envelope, or enclosed check.)
Item 3: If the applicant named in Item 1 is a corporation, limited liability company, limited partnership, general partnership, or other business entity, identify the type of business organization and the state under whose laws the entity was incorporated or organized. Out- of-state applicants should also submit invoices or other material demonstrating the sale of goods or the rendition of services in Texas commerce.
Item 4: If the applicant is organized as a general or limited partnership, then provide the names of all general partners.
Item 5: Name and/or Description of the Mark. Describe the mark exactly as it appears in the samples of use and drawing sheet accompanying the application in Item 5A. The description in Item 5A, the drawing of the mark, and the samples of use provided must match.
Color Claim. If color is claimed as a feature of the mark, check the “yes” box in 5B. If no color is claimed, check the “no” box in 5B. If the “yes” box is checked, list the color(s) claimed in 5C, and list the location of each color in 5D.
The applicant can seek to register only one mark per application; a single application may not be used to register multiple variations or multiple color combinations.
Item 6: A disclaimer may be included in an original application. Generally, components that are generic or descriptive of the goods or services would be disclaimed (e.g., an outline of the state, a geographic term of origin, or words that are commonly used to describe the goods or services). An applicant cannot disclaim all elements of the proposed mark. A properly worded disclaimer might be: Without waiving any right at common law, no claim is made to the exclusive right to use of __________ apart from the mark as shown.
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Item 7: State the number(s) of the class(es) in which the goods or services belong. Please note, use of this form is recommended for an applicant seeking to register a mark in two or fewer classes.
For assistance with classifying goods or services, see the chart below or the Acceptable Identification of Goods and Services Manual at www.uspto.gov. If you are unsure of the class, leave this item blank.
Goods
Class 21: Housewares & Glass
Class 1: Chemicals
Class 22: Cordage & Fibers
Class 2: Paints
Class 23: Yarns & Threads
Class 3: Cosmetics & Cleaning
Class 24: Fabrics
Preparations
Class 25: Clothing
Class 4. Lubricants & Fuels
Class 26: Fancy Goods (e.g., buttons, ribbons)
Class 5: Pharmaceuticals
Class 27: Floor Coverings
Class 6: Metal Goods
Class 28: Toys & Sporting Goods
Class 7: Machinery
Class 29: Meats & Processed Foods
Class 8: Hand Tools
Class 30: Staple Foods (e.g., coffee, sugar)
Class 9: Electrical & Scientific
Class 31: Natural Agricultural Products
Apparatus
Class 32: Light Beverages
Class 10: Medical Apparatus
Class 33: Wine & Spirits
Class 11: Environmental Control
Class 34: Smokers’ Articles
Class 12: Vehicles
Services
Class 13: Firearms
Class 35: Advertising & Business
Class 14: Jewelry
Class 36: Insurance & Financial
Class 15: Musical Instruments
Class 37: Building Construction & Repair
Class 16: Paper Goods & Printed
Class 38: Telecommunications
Matter
Class 39: Transportation & Storage
Class 17: Rubber Goods
Class 40: Treatment of Materials
Class 18: Leather Goods
Class 41: Education & Entertainment
Class 19: Non-metallic Building
Class 42: Computer, scientific and legal
Materials
Class 43: Hotels and restaurants
Class 20: Furniture and articles not
Class 44: Medical, beauty and agricultural
otherwise classified
Class 45: Personal
For each class listed on the application, describe clearly and concisely the goods or the services currently sold or provided by the applicant on or in connection with which the mark is being used. Limit the description of goods or services to those goods or services under the same class heading.
For each class listed on the application, accurately state the date on which the mark was first publicly used to identify the goods or services being marketed. Both dates of first use “Anywhere” and “in Texas” must be indicated on the application. (If the first use was in Texas, both dates will be the same). State the month, day and year for each date of first use, e.g., “11/30/1983.” It is insufficient to note the month and the year without the date, if the application is submitted within the same month.
Item 8 An applicant must fully disclose whether the applicant or the applicant’s predecessor in interest has filed an application to register the mark, or a portion or composite of the mark, with the United States Patent and Trademark Office.
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Item 9 List the manner in which the mark is used or communicated to the consuming public, such as tags or labels attached to goods; or newspapers, brochures or signs advertising services. If the application is for more than one (1) class, list the manner in which the mark is used in each class.
Item 10 Specimen. Three (3) specimens supporting the goods/services described in Item 7 and supporting the manner in which the mark is used in Item 9 must be attached to the application. In Item 10, check the box for each type of specimen included. Include at least one (1) specimen for each class. If color is claimed as a feature of the mark, include at least one specimen showing the mark in color.
Appropriate Specimens (samples of use)
Trademarks: Acceptable specimens include actual labels or tags affixed to, or containers used with, the goods. A photograph of an actual display that appears in immediate proximity to the goods (“point-of-sale” display) is also an acceptable specimen. Brochures that advertise the product are not sufficient.
Service marks: Acceptable specimens include actual materials used in selling or advertising the services, such as menus, newspaper advertisements, coupons and the like. To serve as specimens, advertising materials (including letterhead or business cards) must contain some understandable reference to the services described in the application.
Drawing: Include the mark exactly as it appears in the samples of use accompanying the application and exactly as it is described in Item 5 of the application. Do not include other words that are not part of the mark.
If the mark consists only of a word, letter or numeral, or a combination thereof, and is not depicted in a special form, type or print the mark in capital letters on the drawing sheet. If the mark is not only words, letters or numerals, or a combination thereof, and also includes a design, the entire design must appear on the drawing sheet.
If the mark includes a color claim, it may either appear in color or black and white. If the mark appears in color, it must match the color(s) described in the color statement.
The drawing must depict only one mark, and the drawing must fit within the 3.15 inches by
3.15inches drawing box. The drawing must be an exact reproduction of the mark sought to be registered. If desired, the drawing may be taped to the drawing sheet.
A black and white reproduction of the mark in the drawing box will appear on the certificate issued, so an electronic reproduction of the mark is recommended.
Signature: The registrant named in Item 1 must sign and date the application. An application made by a business entity must be signed by an authorized person. The application must be signed and verified before a notary public or other person authorized to administer oaths and should not be executed before the date of first use of the mark.
Before signing, carefully review the application. An application or registration procured by fraud is subject to cancellation pursuant to Chapter 16, Business & Commerce Code.
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Fee: The application fee ($50 per class) may be paid by personal check, money order, LegalEase debit card, cashier’s check, or American Express, Discover, MasterCard, or Visa credit card. Checks or money orders must be payable through a U.S. bank or financial institution and made payable to the secretary of state. Fees paid by credit card are subject to a statutorily authorized convenience fee of 2.7 percent of the total fees. The fee is not refundable regardless of whether the mark is registered, denied, or abandoned.
Examination Process
An application for trade or service mark registration undergoes an examination process similar to the federal registration process. A “trademark examiner” reviews the application to ascertain whether the proposed mark proposed is registrable under Section 16.051, Business & Commerce Code. Texas law, federal statutory law (upon which the Texas trademark statute is based), federal case law, and examining procedures similar to those used by the United States Patent and Trademark Office (USPTO) are used by the secretary of state to examine applications. The Examiner also compares the proposed mark with marks previously registered in Texas and with the USPTO to determine whether the proposed mark will cause a likelihood of confusion.
During the course of the examination process, the trademark examiner may require the applicant to disclaim an unregistrable component of a mark that is otherwise registrable. The purpose of a disclaimer is to permit the registration of a mark that is registrable as a whole but contains matter that would not be registrable standing alone. A disclaimer amounts merely to a statement that, in so far as the particular registration is concerned, no rights are being asserted in the disclaimed component standing alone, but rights are asserted in the mark as a whole. Generally, components that are generic or descriptive of the goods or services would be disclaimed (e.g., an outline of the state, a geographic term of origin, or words that are commonly used to describe the goods or services). A disclaimer may be included in an original application or may be added by amendment. An applicant cannot disclaim all elements of the proposed mark.
If the application for registration is approved, we will return a certificate of registration. Not all applications submitted to the secretary of state are approved for registration. If an application is rejected, we will notify the submitter of the objections to registration. The applicant is given ninety (90) days within which to amend the application, to provide the information requested, or to respond to the denial. Failure to respond within the time specified will terminate the examination process and will result in abandonment of the application. Upon receipt of the applicant’s response, the trademark examiner will reexamine the application. The examination procedures described may be repeated until the application is registered, finally denied, or abandoned by the applicant.
The trademark examiners cannot provide legal advice with regard to trademark law applicable to a particular circumstance. Because trademark law is quite complex, the secretary of state recommends that persons seeking to register a mark consult with a private attorney.
Revised 05/13
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Form 901 (Revised 05/13)
Submit to: Secretary of State PO Box 13697 Austin, TX 78711-3697
512463-9760 FAX: 512 463-5709
Application Fee: $50 per class
Application for Registration of a Trade or Service Mark
This space reserved for office use.
1.NAME OF APPLICANT (owner of mark—individual, corporation, or other entity applying for registration):
2.BUSINESS ADDRESS OF APPLICANT:
City:
State:
Zip Code:
Country:
3. BUSINESS STRUCTURE OF APPLICANT (Check One and Complete)
☐ Corporation
☐ General Partnership
(State of Incorporation):
(State of Organization):
☐ Limited Liability Company
☐ Sole Proprietor
☐ Limited Partnership
☐ Other
(Describe):
4.NAMES OF GENERAL PARTNERS, IF APPLICANT IS A PARTNERSHIP (attach additional sheet if necessary):
5A. NAME AND/OR DESCRIPTION OF MARK (For design, provide a brief written description that can be pictured in the mind without reference to the specimens. Do not draw the design on the application. Attach a drawing of the mark.):
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5B. COLOR CLAIM. Is a claim made to color?
Yes (go to 5C and 5D) No (go to 6)
5C. If yes, claim is made to the following colors:
5D. COLOR LOCATION STATEMENT. Please include the location of each color (e.g., a red balloon with a yellow ribbon):
6. DISCLAIMER (If Applicable) No claim is made to the exclusive right to use the term:
7A. CLASS NUMBER(S)
Class #1: (go to 7B)
Class #2: (go to 7C)
7B. CLASS #1: If a trademark, list specific goods. If a service mark, list specific services:
Date the mark was first used in Texas:
Date the mark was first used anywhere:
7C. CLASS #2: If a trademark, list specific goods. If a service mark, list specific services:
8.USPTO TRADEMARK REGISTRATION/APPLICATION. Complete the following if the applicant or a predecessor in interest has filed an application to register the mark or portions of the mark with the United States Patent and Trademark Office.
Filing
Serial/File
Status of
Date
No.
Application
If Refused, Why?
Check here if this item does not apply.
9.MANNER IN WHICH THE MARK IS USED (If more than one (1) class, list the manner in which the mark is used in each class):
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10.SPECIMENS (Check the applicable boxes below and enclose three (3) original specimens supporting the goods/services described in Item 7. Include at least one (1) specimen for each class)
For Trademarks Only
Actual Labels
Actual Tags
Photographs of Goods/Containers Showing the Mark
Front Panels of a Paper Container Bearing the Mark
Other:
For Service Marks Only
Advertising Leaflets
Advertising Brochures
Menus Showing the Mark
Business Cards that Reference Services
11. DECLARATION OF OWNERSHIP
Applicant declares that the applicant is the owner of the mark, that the mark is in use, and that to the knowledge of the person verifying the application, no other person has registered the mark, either federally or in this state, or is entitled to use the mark in this state, either in the identical form used by the applicant or in a form that is likely, when used on or in connection with the goods or services of the other person, to cause confusion or mistake, or to deceive, because of its resemblance to the mark.
12.SIGNATURE AND VERIFICATION
DATE
SIGNATURE OF AUTHORIZED PERSON
TYPE OR PRINT NAME AND TITLE
TO BE COMPLETED BY A NOTARY PUBLIC:
STATE OF
)
COUNTY
On
,
personally
appeared before me, and being first duly sworn declared that he/she signed this application in the
capacity designated, if any, above application and the statements therein contained are true and
and further stated that he/she has read the above application and the statements therein are true and
correct.
(seal)
NOTARY PUBLIC SIGNATURE
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TRADEMARK DRAWING SHEET
Instructions: Include the mark exactly as it appears in the samples of use accompanying the application and exactly as it is described in item 5 of the application. Do not include other words that are not part of the mark.
If the mark consists only of a word, letter or numeral, or a combination thereof, and is not depicted in a special form, type or print the mark in capital letters on the drawing sheet.
If the mark is not only words, letters or numerals, or a combination thereof, and also includes a design, the entire design must appear on the drawing sheet.
The drawing must
ODepict only one mark
OFit within the box (3.15 in (8 cm) high by 3.15 in (8 cm) long)
OBe an exact reproduction of the mark
A mark including a color claim must either
OAppear in color and match the color(s) described in the color statement.
OAppear in black and white
If desired, you may tape a drawing of the mark to this drawing sheet.
A black and white reproduction of the mark in the drawing box will appear on the certificate issued, so an electronic reproduction of the mark is recommended.
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After deciding to register a trade or service mark in Texas, the 901 form is a vital step in securing your brand identity within the state. This form helps outline the specifics required for a successful application, from ownership details to an exact depiction of the mark. Successfully completing and submitting this form is crucial for obtaining a statewide priority of rights, offering a level of protection and legal standing against potential infringement. Here is a straightforward guide to navigate through the 901 Texas Form.
Once your application is submitted, it will undergo an examination process similar to the federal registration system. It's vital to await feedback from the trademark examiner, as the application may require amendments or further clarification before approval. The process from submission to registration involves careful review against existing registrations to avoid conflicts and ensure the uniqueness and protectability of your mark. Keep in mind, consulting with a legal expert is recommended to navigate the complexities of trademark law effectively.
The 901 Texas form, also known as the Trade or Service Mark Application, is utilized for applying for the registration of a trade or service mark in the state of Texas. This form initiates the process to establish legal protection for brand names, logos, or slogans that identify tangible goods or rendered services. The registration of a mark with the Texas Secretary of State grants the owner statewide priority rights against others who might subsequently adopt a similar or identical mark and provides several procedural advantages in legal scenarios.
To successfully register a mark in Texas, the application must meet several key requirements:
The 901 Texas form can be submitted through three different channels:
Each application must include a completed form, a drawing of the mark, specimens showing the mark as used, and the filing fee of $50 per classification.
After submission, the trade or service mark application undergoes an examination process, which is similar to the federal registration process. This review is conducted by a trademark examiner who assesses the registrability of the proposed mark against Texas law, previous Texas registrations, and federal registrations to prevent conflicts. If the application encounters any issues, the applicant will be notified and given 90 days to respond or amend the application. This process may repeat until the mark is either successfully registered, finally denied, or abandoned by the applicant. Not every application gets approved; the examiner might also request disclaimers for non-registrable components of otherwise registrable marks during this process.
Filling out the Form 901 for trade or service mark applications in Texas requires careful attention to detail. Here are seven common mistakes people make:
Incorrect Owner Information: Providing inaccurate owner information can lead to rejection. Ensure that the individual, business, or entity listed owns the mark and controls the use and quality of the goods or services.
Failure to Conduct a Conflict Check: Not checking for conflicting marks already registered can result in denial. Before submission, search the Texas Secretary of State’s records and broader databases to avoid infringing on existing marks.
Submitting Before the Mark Is In Use: Texas requires that a mark be actively used in commerce within the state before applying. Applying before establishing actual usage is a common error that leads to application refusal.
Lack of Distinctiveness: Filing for a mark that is not distinctive, such as commonly used phrases or descriptions of the goods/services, often results in rejection. Ensure the mark uniquely identifies the source of the goods or services.
Incorrect Classification of Goods or Services: Misclassifying goods or services can complicate the registration process. Use the Acceptable Identification of Goods and Services Manual to accurately determine the appropriate class.
Improper Specimen or Drawing Submission: Providing specimens or drawings that do not match the mark as used can halt the registration process. Ensure all specimens and the drawing accurately reflect the mark in use.
Incomplete or Incorrect Fee Payment: The application fee is $50 per class, and failure to fully or correctly pay these fees can result in application delays or rejection. Check payment methods and include the appropriate fee for the number of classes applied for.
Avoiding these common pitfalls can help streamline the process of registering a trade or service mark in Texas, securing the legal protections it provides.
When completing the Form 901 for trade or service mark registration in Texas, applicants find that this process involves more than just the application itself. There are other forms and documents commonly used alongside Form 901 to ensure a thorough and compelling submission. Understanding these supporting documents can significantly enhance the overall process, facilitating a smoother path to securing trademark protection.
Together, these documents and forms build a complete application package for trademark registration with the Texas Secretary of State. It is essential for applicants to carefully prepare and review each component to ensure compliance with statutory requirements and to pave the way for a successful registration process. Given the complexity of trademark law and the detailed requirements for registration, seeking knowledgeable legal counsel can provide invaluable guidance and support throughout this process.
The Federal Trademark Application, known as the "Principal Register" application filed with the United States Patent and Trademark Office (USPTO), shares similarities with the 901 Texas form. Both applications require detailed descriptions of the mark, its use in commerce, and the goods or services it relates to. They also both have provisions for disclaiming parts of the mark that are not claimed exclusively and necessitate the submission of specimens showing the mark as used in commerce.
State Trademark Registration forms from other states, like California's "Trademark/Service Mark Application," are quite similar to Texas's Form 901. These forms also collect information about the mark, the owner, how the mark is used, and classifications of goods or services. Additionally, nearly all state forms emphasize the importance of the mark being in use within the state's commerce as a precondition for registration.
The "Intent to Use" (ITU) application with the USPTO shares a conceptual overlap with the 901 Texas form albeit with a critical difference: the ITU application allows for the reservation of a mark before actual use in commerce, something Form 901 does not allow since Texas requires the mark to be in use within the state's commerce at the time of application.
DBA (Doing Business As) registration forms, while not trademark applications, have a slight resemblance to the 901 Texas form in that they also involve a declaration of a business name being used commercially. However, DBA registrations do not provide any of the legal protections of a trademark and are focused more on business name registration for public record purposes.
Copyright Registration forms for the Copyright Office have some similar requirements, such as the need for the author or owner's information and a description of the work, but they protect different types of intellectual property. Copyrights protect original works of authorship, while the 901 Texas form is for protecting marks used in commerce.
The Patent Application process with the USPTO, though largely different in its aim to protect inventions, similarly requires detailed disclosures about the creation, including its use, potential classifications, and the creator's information, parallel to how trademarks necessitate details about the mark and its commercial use.
ICANN's Domain Name Dispute Resolution Policy Filing forms, while not a direct parallel, involve declaring ownership and use of a digital asset (domain names), which can sometimes conflict with trademark rights. These forms, like the 901 Texas application, necessitate detailed explanations of the asset's use and ownership.
The Madrid Protocol Application for international trademark registration requires similarly detailed information about the mark, owner, and goods or services classification, aiming to protect the mark in multiple countries, contrasting with Form 901’s focus on protection within Texas.
The World Intellectual Property Organization (WIPO)’s design registration filings share the 901 Texas form's emphasis on the uniqueness and distinctive features of a design (in WIPO's case) or a mark (in Texas's case), aimed at protecting visual aspects of products or services.
Last, Business Formation documents (e.g., Articles of Incorporation or Organization) can resemble parts of the 901 Texas form regarding the identification of the business entity utilizing the mark. Though primarily focused on establishing a business's legal structure, these documents often require detailed business information similar to what’s needed to identify the owner of a trademark in the 901 Texas form.
When filling out the 901 Texas form for trademark or service mark registration, it's crucial to adhere to specific guidelines to ensure the process goes smoothly. Understanding what to do and what not to do can save time and prevent unnecessary complications. Below are four key dos and don'ts to consider:
When dealing with the 901 Texas form, which is essential for registering trade or service marks in Texas, there are several common misconceptions that need to be clarified. Understanding these can help potential registrants navigate the process more effectively.
One common misunderstanding is that submitting the 901 Texas form will reserve a mark for future use. However, in Texas, the registration of a trademark or service mark is based entirely on actual use. This means that before you can even submit an application, the mark must already be used in commerce within Texas. Simply put, you cannot reserve a mark by submitting the form without having used the mark in business.
Another misconception is believing that registration of a mark with the Texas Secretary of State provides national protection. This is not the case. Registering a mark using the 901 Texas form grants rights and protections within the State of Texas only. For broader, nationwide protection, a separate registration must be filed with the United States Patent and Trademark Office (USPTO).
Some people think that any company name, logo, or slogan can be registered as a mark. However, the truth is more complicated. The mark must be distinctive to be eligible for registration. If it's primarily a surname, descriptive of the goods/services, or directly describes qualities or characteristics of the goods/services, it might not be considered distinctive on first use. That said, a mark not distinctive initially could still qualify for registration if it acquires distinctiveness through continuous and substantially exclusive use for at least five years.
Finally, there is a misconception that the registration process is just a matter of paperwork. In reality, the process involves a substantive examination to ensure the mark does not conflict with previously registered marks, among other factors. This examination considers both state and federal laws, and an examiner might require disclaimers for unregistrable components of the mark or even reject the application if it fails to meet the necessary criteria. The applicant might need to respond to objections or amend their application, highlighting the importance of accuracy and completeness in the application process.
Understanding these misconceptions can help applicants better prepare their applications and set realistic expectations for the registration process of trade or service marks in Texas.
Filling out and using the Form 901 for trade or service mark registration in Texas involves a detailed process designed to protect one's brand and ensure the uniqueness of the mark within the state. Below are key takeaways to understand before proceeding with your application:
It's crucial to remember that the registration of a trade or service mark in Texas is a legal process that can offer substantial benefits and protections for a business's brand. Given the complexities and potential legal implications, seeking professional advice can be an important step toward ensuring the process is handled properly.
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