What is the scope of trademark protection?

In Texas, trademark protection is a type of intellectual property law providing exclusive rights over the use of a symbol, phrase, word, or design. The purpose of trademark protection is to prevent confusion among consumers in regards to the origin of a product. For a trademark to be legally protected in Texas, it must distinguish one person’s goods or services from another and must be used in commerce. In order to be eligible for trademark protection in Texas, the mark must be distinctive and must not be similar to any existing registered or common-law trademark. Common-law trademark protections exist within the state when the trademark has been used in commerce without a registration. In addition, the mark cannot be considered generic, deceptive, or disparaging. Once successfully registered with the U.S. Patent and Trademark Office, the trademark owner will receive a certificate of registration and will maintain exclusive rights to the mark within the state of Texas. This provides the trademark owner with the right to use the mark in advertising or on labels and packages to identify the goods or services. Furthermore, the trademark owner in Texas has the right to pursue any infringers of the trademark from using the mark commercially. The trademark owner may initiate a legal action to stop any infringement and can also seek financial compensation for the infringement.

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What is the scope of trademark protection?

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