Answer
Should I register my trademark with Texas or federally?
Lawyers call this: state registration · Tex. Bus. & Com. Code ch. 16 · 15 U.S.C. § 1051
Short answer
Federally, if you qualify. A federal registration covers the whole country, and a Texas registration covers only Texas. Texas registration is cheaper and fits a business that sells only in Texas and expects to stay there. Neither one creates your rights by itself — using the name does — but a registration makes those rights far easier to prove and enforce.
What changes the answer
- Where your customers are
- Federal registration requires use in commerce that Congress can regulate, which in practice means selling across state lines or to customers from out of state. Online sales to other states usually count. A single-location shop with local customers may qualify only for a state registration.
- Whether you have started selling
- Texas registers only marks already in use in Texas. A federal application can be filed before launch on an intent-to-use basis, which reserves your date nationwide while you get ready.
- How far you plan to grow
- A Texas registration does nothing in Oklahoma. If expansion is realistic, the federal filing date is what protects the name in states you have not reached yet.
- What you need the registration for
- Only a federal registration lets you use the ® symbol. Amazon Brand Registry looks for a mark from a country’s national trademark office.
The rule
Texas. The Secretary of State registers marks under Chapter 16 of the Texas Business and Commerce Code. The applicant must be using the mark and must state the dates of first use anywhere and first use in Texas. Tex. Bus. & Com. Code Ann. § 16.052. The filing fee is $50 per class on Form 901 (Texas Secretary of State fee schedule; fees set by rule under § 16.066). A registration lasts five years and can be renewed for five-year terms with proof of continued use in Texas and a $25-per-class renewal fee. § 16.059. It gives constructive notice of your claim throughout Texas and serves as prima facie proof of your ownership and exclusive right to use the mark in Texas for the listed goods. § 16.060. The owner can sue for infringement under § 16.102.
Federal. An application under 15 U.S.C. § 1051 can rest on current use or on a bona fide intent to use. Filing gives nationwide priority from the filing date once the registration issues, 15 U.S.C. § 1057(c), and registration is constructive notice of your claim, 15 U.S.C. § 1072. The ® symbol is reserved for federally registered marks. 15 U.S.C. § 1111. The base fee is $350 per class, with surcharges for free-form descriptions. 37 C.F.R. § 2.6(a)(1) (2026).
Other states. Every state keeps its own register, with its own forms, fees and terms. A registration in one state does nothing in another. There is no single official database of all state registrations. You search each state’s records, or buy a commercial search that compiles them.
A state registration does not override someone else’s earlier use. A prior user in your area can still hold better rights than a later state or federal registrant.
What to do next
Search before either filing. Check the USPTO database, the Texas Secretary of State’s trademark records, and the market for the name on similar goods. Texas is moving its online filing system to a new portal in late September 2026, so the search and filing screens may look different from older instructions.
If you qualify for federal registration, file there first. Adding a Texas registration afterward is inexpensive and occasionally useful, but most owners with a federal registration do not need one. If you sell only in Texas and have no plans to expand, a Texas registration is a filing many owners make themselves.
A federal application on a name with close marks nearby is where a lawyer earns the fee, because the identification and the search decide whether it survives examination.
If you are deciding between the two, Valet Law, PLLC can review where you sell and what you plan, and tell you which filing fits.
Attorney review is provided by Valet Law, PLLC, a law firm separate from Trademark Valet, LLC. Keep confidential facts out of public tools. Your first message to Valet Law should identify the parties and the general issue only. Wait until Valet Law confirms it can discuss the matter before sending confidential details.
Who checked this
Reviewed and approved by Brandon Leavitt on 2026-10-02.
General information about how trademark law works. It is not legal advice about your situation, and reading it does not make anyone your lawyer.