When we say “Mark” – that means both:
- trademark – used with regard to goods/products
- service mark – used with regard to services
The Texas Business & Commerce Code defines these:
16.001(10) defines “Trademark” 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.
16.001(8) defines “Service mark” 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.
If you use the mark in connection with the goods or services, you obtain common law rights but if you register it with the Texas Secretary of the State (info below from the SOS):
- you put all of Texas on notice you claim ownership of the Mark
- its proof of the valid registration; your ownership and exclusive right to use it
- you’ll have a statutory cause of action for infringement upon your mark.