Can a state trademark application be used to register a trade name statewide?
No. There is no state trade name registration act. In addition, a trade name, per se, is not entitled to registration under the provisions of Texas Trademark Act (Chapter 16 of the Texas Business & Commerce Code). However, a trade name that also functions as a trademark is entitled to registration. Whether a trade name also functions as a trademark is generally based upon the manner in which it is used and displayed. Generally, a trade name functions only as a trade name when it is followed closely by the business address or telephone number of the enterprise, or when it is accompanied by such phrases as “Manufactured by,” “Distributed by,” or “Serviced by.
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