![]() It is a crime to counterfeit registered marks.Texas law provides a statutory cause of action for infringing upon a registered mark.A certificate of registration is prima facie (rebuttable) proof of: 1) the validity of the registration 2) the registrant’s ownership of the mark and 3) the registrant’s exclusive right to use the mark in Texas in connection with the relevant goods or services.Registration puts the rest of Texas on notice that you claim ownership of the mark in Texas commerce in connection with the relevant goods or services.Registering your mark with the Texas Secretary of State provides certain benefits: You do not have to register your mark to acquire common law rights to it. You acquire common law ownership rights to a mark simply by using the mark in commerce in connection with the relevant goods or services. A service mark indicates that all services provided in association with that mark come from the same source. ![]() “Service mark” is defined as a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the services of one person from the services of another and indicate the source of the services. A trademark indicates that all goods provided in association with that mark come from the same source. “Trademark” is defined as a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the person's goods from the goods manufactured or sold by another and indicate the source of the goods. The general term “mark” includes both trademarks and service marks. Can my new business renew the registration?Ī trademark is used in connection with tangible goods or products, while a service mark is used in connection with services. Do I need to notify the Secretary of State?
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