Protecting Your Business Name: Trademarks for East Texas Companies

Many Tyler business owners assume that once the Texas Secretary of State accepts their LLC name, the name is theirs. It is not. An entity name filing only keeps another Texas entity from registering the same name. It does not stop someone from using a confusingly similar brand, and it offers no protection outside the state.

What a Trademark Protects

A trademark protects words, logos and slogans that identify the source of your goods or services. You gain some rights simply by using a mark in commerce, but those rights are limited to the area where you actually do business.

Texas Registration vs. Federal Registration

You can register a mark with the Texas Secretary of State, which helps if your business will stay in Texas. A federal registration with the U.S. Patent and Trademark Office gives nationwide rights, lets you use the ® symbol, and makes enforcement easier. If you sell online or plan to expand, federal registration is usually worth it.

Search Before You Brand

Before you invest in signs, a website and marketing, search federal and state records and the marketplace for similar names. Rebranding after receiving a cease-and-desist letter is expensive.

Choosing a Strong Mark

Made-up or unusual words are easiest to protect. Names that simply describe what you do, like “Tyler Plumbing,” are hard to register and hard to enforce.

Copyrights Are Different

Copyright protects original creative work such as website text, photographs and software. Make sure contracts with designers and developers transfer ownership of the work to your business.

Starting a new company? Our guide on forming an LLC in Tyler covers the entity side. For vendor and designer agreements, see contract clauses to check before you sign.

Frequently Asked Questions

Does my LLC name give me trademark rights?

No. An entity name filing only prevents another Texas entity from registering the same name. Trademark rights come from use and registration.

How long does a federal trademark application take?

Federal applications commonly take many months to process, so it is smart to file early.

Talk With a Tyler Attorney

Want to protect your brand? See our business and commercial law services. Call Lindsey Birdsong, PC at (903) 595‑6297 or visit our contact page. Our office is at 2307 Dueling Oaks Drive, Suite 103, in Tyler.

This article is general information, not legal advice. Talk with an attorney about your specific situation.