Trade Or Service Mark Application Form 901 Page 5
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9Fee:
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
Form 901
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Parent category: Business