Does the secretary of state search federally registered trademarks, or any other databases, when examining a state application?
No. The provisions of Chapter 16, Business & Commerce Code only require the secretary of state to search the active state trademark registrations for identical or confusingly similar marks for purposes of state registration. The secretary of state does not search the state assumed name records, state corporation, limited liability company or limited partnership names, or the United States Patent and Trademark Office when examining a submitted trademark application. The responsibility of performing a more substantial search to avoid infringement situations is placed upon the person seeking to register a trademark or service mark.
