IP Law: Trademarks

Rights of ownership are achieved through the common laws of adoption and usage in Alabama. The Common Law of Alabama states that once you adopt and use a mark and are documented as the first to use such mark, you are entitled to exclusive rights to that mark. Any conflict of ownership is handled outside the Secretary of State's Office and is an issue for the courts.
You may search online records to retrieve information for all marks registered in the state. --Alabama Secretary of State

Any word, design, logo, or combination of these used by a manufacturer or merchant to identify goods made or sold, or services provided in Alaska, may be registered by filing an application for state trademark registration. The filing fee is $50.00 per class of goods or services being registered. --Department of Commerce, Community, and Economic Development

Filing a trade name registers a business name for public record. A trade name is similar to a "doing business as" ("DBA") name, and is not legally required but is an acceptable business practice. A trade name does not grant exclusive rights to a business name, nor is a trade name similar to a corporation or limited liability company ("LLC"). If you want to file a corporation or LLC, you need to file with the Arizona Corporation Commission.

Filing a trademark registers a logo or slogan to be displayed on goods or services for public record. Trademarks also are referred to as service marks. These, too, are not required to be filed, but is an acceptable business practice.

These filings are only applicable in Arizona and are not substitutes for national filings. If you want to file nationwide, you may want to consult the U.S. Patent and Trademark Office or the State Library of Arizona; a branch of the Arizona State Library, Archives and Public Records, a division of the Secretary of State; as it is a U.S. Patent and Trademark Resource Center.

Business and Commercial (UCC) Services records and approves any word, phrase, or symbol used by companies or individuals in the State of Arkansas to identify their goods or services and distinguish them from the goods and services of others used.

The Secretary of State’s office maintains registration and all updates of California state trademarks and service marks. This information is accessible via our California Trademark Search tool, which provides free PDF copies of imaged Trademark documents. Any documents yet to be imaged are available to the public upon request. General provisions governing trademarks and service marks are found in the Model State Trademark Law, California Business and Professions Code sections 14200 et seq.

A trademark is any word, name, symbol, device or any combination thereof adopted and used by a person to identify goods made or sold or services rendered, and to distinguish them from goods made or sold or services rendered by others. For more information, see Article 70 of Title 7, C.R.S.

As your business grows, one of the decisions you may need to make is whether you should trademark your business name. You can find the forms required to trademark your business here.

A trademark gives you exclusive rights to your business name on a national level, connected to the specific goods or services you'll be selling under that trademarked name.

To be clear, you don't necessarily need to trademark your name to have trademark protection. But it gives you stronger legal footing if any issues come up in the future. --CT.gov Business

Pursuant to Title 6, Chapter 33 of the Delaware Code, Trademark and Service Mark registrations may be filed with the Secretary of State. Registration of a mark under the provisions of the Delaware Code shall remain effective for a term of ten years from the date of registration, unless otherwise canceled. Upon application filed within six months prior to the expiration of such term, the registration may be renewed for another ten-year period. The proper Application for Registration or Renewal of Trademark or Service Mark will be furnished by the Division of Corporations.

It is necessary that a specimen or facsimile of the mark, in DUPLICATE, accompany the Application for Registration or Renewal of Registration, one of which will be attached to the Application or Renewal for filing in this Department, and the other will be attached to the Certificate of Registration issued by the Secretary of State and returned to the applicant.

The fee for filing the application is $25.00, and the fee for the Certificate of Registration, which will be issued by the Secretary of State, is $10.00

Trademark/Service Mark Registration forms and Renewal of Registration forms are available to be downloaded and saved to your computer. These forms are PDF fillable forms. --Delaware Division of Corporations

Any person who uses a trademark or service mark in Georgia may file an application for registration of that mark with the Office of the Secretary of State. If the statutory requirements are met, then the Secretary of State will issue a certificate of registration. This website provides access to the Georgia trademarks and service marks registration database, and to the forms and instructions for the initial registration, renewal, assignment, and voluntary cancellation of trademarks.

The Office of Secretary of State cannot provide legal advice regarding protection of your mark and/or business name. If you have a legal question about registering a trademark, enforcing your trademark rights, or about trademarks and service marks in general, you should consult with your attorney. --Georgia Secretary of State

BEFORE YOU APPLY FOR A TRADE NAME, TRADEMARK, OR SERVICE MARK…
You may initially wonder which of these terms apply in your case. Each of these terms does mean something different and while there are gray areas, it is easiest to see trade names as relating to businesses or entities and trademarks and service marks as relating to the products of businesses or entities. If you produce goods, you would be applying for a trademark. If you “produce” or provide a service, you would be applying for a service mark. For example, say there is a business called DCCA, Inc. (a corporation), or DCCA Co. (a partnership) and they register a trade name, “DCCA Manufacturing Co.” The corporation or partnership might also apply for registrations for its “DCCA Widgets” (trademark) and for its “DCCA Widget Maintenance” (probably a service mark, depending on what is “produced”). --Department of Commerce and Consumer Affairs

Operated by the Idaho Secretary of State

The Department of Business Services database includes information regarding corporations, not-for-profit corporations, limited partnerships, limited liability companies and limited liability partnerships, as well as, other business-related information. This database is provided to the public for "individual searches only". The use of this website or database to copy or download bulk searches or information is prohibited. Pursuant to statute, the Department of Business Services offers information for sale. For contract information, please contact the Department of Business Services at 217-782-6961.

Please be advised that the information contained in this database is the property of the Office of the Secretary of State for the State of Illinois. Any unauthorized use of the database, unauthorized access, removal of data, copying or downloading of the database information is prohibited by criminal statutes, including the sections covering the offenses of computer tampering and aggravated computer tampering (720 ILCS 5/16D-3; 5/16D-4). Violators will be prosecuted to the fullest extent of the law. --The Office of the Illinois Secretary of State

Welcome to the Indiana Secretary of State's trademark database page. This free service is designed to help Indiana citizens and others access public Indiana trademark records quickly and easily. This database contains information regarding the status of all trademarks on file with the state of Indiana. Please contact us with any comments, suggestions or problems. --Indiana Secretary of State

Operated by the Iowa Secretary of State

Operated by the Kansas Secretary of State

​A trademark is any word, name, symbol or device adopted and used by a person to identify his goods and distinguish them from those of others. Trademark status may also be granted to distinctive and unique packaging, color combinations, building designs, product styles and overall presentations.

A service mark is a mark used by a person in the sale or advertising of his services to identify his services and distinguish them from the services of others. Service marks receive the same legal protection as trademarks but are meant to distinguish services rather than products.

A person who uses a trademark or service mark in this state may file an application with the Secretary of State to register that mark. Trademarks and service marks are effective for five years and may be renewed within six months prior to the expiration date. Registrants are notified of pending expiration at least six months prior to the expiration date.

The Secretary of State's office maintains a searchable database of trademarks and service marks registered in this state.

The Secretary of State's office does not resolve conflicts over ownership of registered trademarks and service marks. --Kentucky Secretary of State

Operated by the Department of the Secretary of State and the Bureau of Corporations, Elections & Commissions.

​Any person who adopts and uses a mark in Maryland may file in the Office of the Secretary of State an application for registration of the mark. If the statutory requirements have been met, the Secretary of State will issue a certificate of registration. Before a decision is made to deny an application, the applicant is entitled to a hearing before the Secretary of State or the Secretary's designee.
Trademarks and Ser​vicemarks booklet. Please be advised that although every effort has been made to reproduce the current text of the Maryland Code for these sections, this office does not warrant the accuracy of this content. --Maryland Secretary of State

Secretary of the Commonwealth of Massachusetts

In Michigan, mark registration is governed by the Trademarks and Service Marks Act, 1969 P.A. 242 as amended. The Michigan Act is modeled after the federal law governing trademarks (The Lanham Act).

Office of the Minnesota Secretary of State provides a detailed explanation on how to register trademarks and service marks.

The State of Mississippi allows businesses or individuals to register a trademark or service mark with the state. The ability to register this mark is not dependent upon any registration of a trademark or service mark with the U.S. Patent and Trademark Office.

Mississippi has one of the most innovative trademark statutes in the country and was recognized by the International Trademarks Association (INTA) for having the most progressive trademark laws nationwide. The most recent changes went into effect on July 1, 2009. These assist trademark owners in proving claims for trademark dilution and allow businesses that have famous trademarks to enforce those trademark rights. Mississippi trademarks may be searched using the tab at the top of this page. --- Secretary of State

The registration of trademarks and service marks is handled by the Corporations Section of Business Services. Registration of a mark with the Missouri Secretary of State's office secures certain rights and interests for the registrant in the state of Missouri. Proper registration prohibits anyone other than the owner of the mark from using the mark without the owner's consent for a period of ten years, subject to certain condition.

Subject to limitations set forth in RSMo 417.005 to 417.066, any person who adopts and uses a mark in this state may file that mark in the Office of the Secretary of State.

Please refer to RSMo 417.005 to 417.066 for information on Missouri statutes affecting the registration of trademarks. --Secretary of State

Select trademark statutes. Operated by the Nebraska Secretary of State.

Nevada Secretary of State

While they are all ways of protecting your intellectual property, trademarks protect items that define a company brand (like a business name or a logo), copyrights protect literary and artistic materials (like a book or a song), and patents protect inventions (like a new tool). Please see below for details on the legal provisions most relevant to your business.

Please search our Trademark database to see if a mark has already been registered in New Mexico. A listing of trademark search companies is included at the end of these instructions to assist you in searching federal registrations. --New Mexico Secretary of State

The term "trademark" means any word, name, symbol or device or any combination thereof used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured and sold by others, and to indicate the source of goods, even if the source is unknown. Registration of trademarks are made to show ownership of the mark and to provide protection to the mark itself. Each mark must be reviewed to determine if it so resembles a previously registered mark as not to cause confusion, mistake or deception. --Department of State

Search for a trademark or service mark by mark name; registration number; owner name; class number; class title; entering a description of the goods or services, key words associated with the mark, new marks and renewals.

You can search for the classification of goods or services by entering either a word associated with the service or the class number under which the service falls. --Secretary of State of North Carolina

A trademark or service mark is a word, symbol, device, or any combination thereof adopted and used by a person or business to distinguish goods or services made or sold from those made or sold by another.

While trademark or service mark registration is not required in North Dakota, a mark may be registered with the Secretary of State to establish exclusive right to the trademark in North Dakota. Any owner of a trademark or service mark registered with the Secretary of State may proceed by suit to enjoin the manufacture, use, display or sale of any counterfeits or imitation thereof. Any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display or sale as deemed just and reasonable, and may require the defendants to pay to the trademark or service mark owner all profits derived or all damages suffered by reason of the wrongful manufacture, use, display or sale.

To register a trademark or service mark with the Secretary of State, file the Trademark/Service Mark Registration or contact the Secretary of State’s Business Division. --Secretary of State North Dakota

The term trademark means any word, name, symbol, emblem, or device or any combination thereof adopted and used by a person to identify goods made or sold or services rendered by him and to distinguish them from goods made or sold or services rendered by others. Title 78 of the Oklahoma Statutes applies to all trademarks and labels. Oklahoma Secretary of State

​Deciding whether you need to register a busin​ess name, a trademark or both is an important decision. Registering your business name alone does not establish trademark rights.

Our office only compares business names to other ​ names in the Oregon Business Registry database for availability.

What is the Difference?
A business name is the name that a comp​any uses to do business.

A trademark is any word, phrase, symbol, design or combination thereof that identifies and distinguishes one source of goods or services from another. A trademark is used to help establish and protect intellectual property rights, including a business name.

When Should You File Both?
If a business name is used on the product​s themselves to identify the source, it may also be a trademark. -- Oregon Secretary of State

A trademark is any word, name, symbol or device adopted and used by a person or entity to identify goods produced, manufactured or sold by that person or entity. A trademark is filed by submitting the completed form. Trademarks are effective for a term of five years from the date of registration. Application to renew for a similar term, must be made within six months prior to the expiration of such term. The trademark application must contain the following information:
The trademark name must be available for use in Pennsylvania.
The name of the applicant and the jurisdiction if the applicant is a corporation.
The residence, location or place of business of the applicant. A Commercial Registered Office Provider's may not be used in lieu of an address.
A statement as to the name and description of the mark. A facsimile of the mark to be registered must accompany the application.
A specification as to the general class of goods or services. These classification are set forth in 54 Pa. C.S. Section 1103.
A listing of the goods or services with which the mark is used and the mode and manner in which the mark is used in connection with such goods and services.
The date when the mark was first used anywhere.
The date when the mark was first used in this Commonwealth by the applicant or the predecessor in title of the applicant.
The application must be signed by the applicant.

Rhode Island Department of State

A trademark or service mark is a word, name, symbol, or device or combination of these used by a person to identify and distinguish the goods or services of that person and to indicate the source of the goods or services. A mark can be registered with the Office of the Secretary of State provided the mark meets the statutory requirements for registration.

The registration of a mark with the Secretary of State’s Office is only for the State of South Carolina. The registration of a mark is renewable every five years. A mark must be in use before it can be registered with the Secretary of State's Office. Please note that rights granted by state registration may be affected or pre-empted by prior use or other registration of the mark.

You can register your mark federally or apply for a patent at the United States Patent and Trademark Office. For copyright information, please visit the United States Copyright Office.

To register a trademark or service mark in the state of South Carolina, applicants must file the Application for Registration of a Trademark or Service Mark (PDF). This is also the form you will use to renew your trademark or service mark. Please read carefully all instructions and information in the Trademark/Service Mark Application packet. If you need assistance in completing your application, you will need to consult a private attorney. The Trademarks Division cannot provide legal advice to customers. --South Carolina Secretary of State

A Trademark or Servicemark protects the name, slogan or logo of a business or product. The Secretary of State is the filing agent for state Trademarks, Emblems, and Farm/Ranch/Home Name Registrations under the laws of South Dakota. The Secretary of State does not process copyrights, patents or federal US trademarks. --South Dakota

Tennessee Secretary of State

A trademark is a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the person's goods, including a unique product, from the goods manufactured or sold by another, and indicate the source of the goods, regardless of whether the source is unknown. Tex. Bus. & Com. Code § 16.001(10).

A service mark is 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, including a unique service, from the services of another, and indicate the source of the services, regardless of whether the source is unknown. The term also includes the titles, character names used by a person, and other distinctive features of radio or television programs, regardless of whether the titles, character names, or programs advertise the sponsor's goods. Tex. Bus. & Com. Code § 16.001(8).

The word “mark” is often used generally to refer to both trade and service marks.

State Registration
Marks used in connection with the sale of goods or provision of services in Texas may be registered with us pursuant to:

Texas Business & Commerce Code chapter 16; and
1 Texas Administrative Code chapter 93--Texas Secretary of State

A Trademark is any word, name, symbol, device, slogan, package design, or combination of these, i.e. a mark that identifies and distinguishes a specific product from others. --Utah Commerce Division of Corporations and Commercial Code

Vermont Secretary of State, Business Services Division

The Division of Securities and Retail Franchising acts as a registration depository for trademarks and service marks in Virginia under the provisions of the Virginia Trademark and Service mark Act. The Division acts in an administrative capacity only and cannot give legal advice. -- State Corporation Commission

A trademark is any word, name, symbol, or device adopted or used by a person to identify the goods made or sold by that person and to distinguish them from goods made or sold by others. Registration of a trademark provides the registered user with exclusive use of that trademark and protects against infringements upon the user's rights. A trademark may be registered with:

1) the U.S. Trademark and Patent Office, for the broadest protection;

2) the Washington Secretary of State's Office, for a trademark used exclusively within the state or region; or

3) both the federal office and the state office.

RCW 19.77 sets out Washington's trademark registration law. Washington's law is modeled after the Model State Trademark Bill (MSTB). Versions of the MSTB form the foundation of state trademark law in 46 states. Over the years, Washington's law has been amended several times in light of MSTB revisions.

West Virginia Secretary of State

The name or mark of a business, product, label, logo, or form of advertisement are some examples of items that may be registered with the Department of Financial Institutions. Trademark registration is not required but is a good way to notify the public of the use of a certain name or mark. The filing fee is $15, and the registration expires after 10 years if not renewed. A trademark may be renewed up to six months before the 10-year registration period expires. While a registration is active, it may be “assigned” by the current registrant to another party.

“Mark" means a label, trademark, trade name, term, design, pattern, model, device, shopmark, drawing, specification, designation or form of advertisement that is adopted or used by any person to designate, make known or distinguish any goods or service as having been made, prepared or provided by that person and that is registered by that person under Wis. Stat. section. 132.01. --State of Wisconsin Department of Financial Institutions.

Do you currently have a unique business symbol, name or phrase you are using or an idea for one you would like to use for your business? You can file an Application for Registration of Trademark (see link below) with the Secretary of State's Office to protect your mark.

Any person who uses a mark in this state may file the trademark application in the Office of the Secretary of State. The Secretary of State's Office has records of all marks currently on file which are reviewed prior to processing new applications to ensure no similar marks are registered. --Wyoming Secretary of State