Trademark Legal Forms: 50-State Survey

An important aspect of developing your company’s brand can be to establish trademark protection for things like words, symbols, and designs that are associated with your business. You can register a trademark at both the state and federal levels, though federal registration is likely to confer broader protections than state level registration. You can read more here about the law governing federal trademarks, and access the forms and information you need to apply for federal trademark protection with the US Patent and Trademark Office here.

At the state level, you can usually register trademarks (which are associated with goods), service marks (which are associated with services), and/or other types of marks if applicable in your jurisdiction. These registrations are often processed by the secretary of state, and in many places are grouped or categorized together with trade name registration, though the latter is usually distinct from registering a mark. You can read more here about the relationship and potential areas of overlap between trademarks and trade names.

In most states the effective term for a trademark or service mark registration is five years, and you can generally renew your registration for continuous terms by filing the requisite paperwork up to six months before the expiration date. By and large, trademark registration at the state level does not establish ownership rights over a mark; instead these rights are established through usage. However, mark registration carries the benefit of putting the public on notice of your usage of a mark, and potential advantages in the event of a legal conflict with regard to ownership rights. As part of the registration process, usually you must conduct a diligent and thorough search at the state and federal levels to determine whether anyone else is using the mark you wish to register.

Many states have articulated statutory restrictions on the kinds of material that may be trademarked, which typically cannot be deceptive or profane, utilize a person’s name or image without permission, include the flag or insignia of any state or country, or be merely descriptive, among other limitations. A mark can be assigned to another person or entity, and may also be cancelled under circumstances such as those involving a request to cancel by the registrant, failure to renew, or a finding by a court that the mark has been abandoned.

Click on the states below for an overview of some of the main rules and requirements for registering trademarks, service marks, and/or other marks in each jurisdiction, along with links to the forms you may need to file as part of that process.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Alabama

• Available marks/registrations: Trademark, service mark, trade name
• Effective term for registrations: Five years
• Cost to register: $30

The rights of ownership over an Alabama trademark, service mark, or trade name are established through adoption and usage, meaning that once you are documented as being the first to adopt and use a mark you have exclusive rights to it. In Alabama, personal names are not recognized for trademark, service mark, or trade name applications. Registrations will be cancelled unless they are renewed after each five-year effective term. Marks can be assigned to another entity or business in accordance with applicable rules, which involve situations such as corporate mergers.

Alaska

• Available marks/registrations: Trademark, service mark, collective mark, certification mark
• Effective term for registrations: Five years
• Cost to register: $50

To register an Alaska trademark, the goods or services at issue must already be in use in the state. It is recommended that applicants conduct a thorough search before seeking to register a mark, as marks that are too similar to others on file will not be registered. The State of Alaska maintains an updated list of all registered marks that you can consult for this purpose, and your search may also include federal marks registered with the US Patent and Trademark Office. Marks can be assigned to a new owner, but assignment will not extend the mark’s effective term.

Arizona

• Available marks/registrations: Trademark, trade name
• Effective term for registrations: Ten years (trademarks), five years (trade names)
• Cost to register: $15 (trademarks), $10 (trade names)

An Arizona trademark or trade name application must be filed using the state’s online application system. Trademarks and trade names must be distinct from others that are registered with the state, which you can search in a state database. Trademark and trade name applications do not need to be notarized, but assignments and cancellations must be. If your application is rejected, you will receive an explanation for the rejection and you can resubmit your application with corrections made accordingly. If your application is approved, you will receive a certificate of registration via email.

Arkansas

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50

An applicant for an Arkansas trademark should conduct a thorough search for similar names before filing the requisite paperwork with the secretary of state. This means searching the state database of registered trademarks, service marks, and business entities, as well as searching for similar marks registered at the federal level with the US Patent and Trademark Office. You must be actually using a mark in commerce in order to be able to register the mark with the secretary of state. You can renew your mark registration by submitting an application up to six months before the expiration date.

California

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $70

To register a California trademark or service mark, you must be utilizing the mark in commerce within the state. Registration of a trademark or service mark does not by itself guarantee sole ownership of the mark. If the mark is in continuous use, it may be renewed every five years through a renewal filing submitted up to six months before the mark’s expiration date. If any portion of your mark is in a language other than English, as part of your registration you must submit a certified English translation. You must also state as part of your registration whether you have sought to register the mark with the US Patent and Trademark Office.

Colorado

• Available marks/registrations: Trademarks
• Effective term for registrations: Five years
• Cost to register: $30

A Colorado trademark may be filed by an individual resident or nonresident of the state, a non-reporting entity, a trust, an estate, or a state or other jurisdiction. Business names in Colorado are generally not eligible to be registered as trademarks unless the name is placed on goods or used in advertisements. You can file for renewal of a trademark up to six months before the date it expires; if a trademark is allowed to expire, it cannot be renewed. A trademark can be a standard character trademark, consisting of English letters, punctuation, and numbers only, or a special form trademark, which may include things like special characters or pictures.

Connecticut

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50

A Connecticut trademark cannot consist of material that is deceptive or immoral, that disparages or falsely suggests a connection with someone, that reflects a person’s name or portrait without their consent, or that is too similar to other registered marks in the state or at the federal level, among other restrictions. A trademark application must state whether the applicant has sought to register the mark with the US Patent and Trademark Office. An applicant can renew a trademark up to six months before it expires. To be renewed, a mark must presently be in use in Connecticut.

Delaware

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $35

A Delaware trademark may not encompass matter that is immoral, deceptive, or disparaging, a flag or insignia of any state or country, or content that is overly similar to that of another registered mark, among other statutory limitations. An application to register a mark shall include information such as the date the mark was first used anywhere as well as in Delaware by the applicant or their predecessor in interest, and a description of the goods or services that the mark is used in connection with. The owner of a mark may file an application for renewal within six months before the registration’s expiration date.

District of Columbia

• Available marks/registrations: Trade name (only federal registration is available for trademarks)
• Effective term for registrations: Two years
• Cost to register: $55

While District of Columbia trademarks can only be registered at the federal level (see summary above), business owners can register a trade name with the District. A trade name is a business name that is distinct from an individual or company’s true name. Trade name registration is optional based on whether you feel it will benefit your business. A trade name must be distinct from other business entity or trade names on file with the Superintendent of Corporations, and generally cannot be the same as your corporate name.

Florida

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $87.50

A Florida trademark or service mark must be in use before you can register it. A mark cannot be comprised of material that is immoral or misleading, that disparages or falsely implies a connection with someone, that utilizes a person’s image or name without their approval, or that is overly similar to other marks registered in the state or at the federal level, among other limitations. If a mark is presently in use in the state, it can be renewed up to six months before its expiration date. If you wish to transfer or assign ownership of a mark to someone else, you must file the requisite paperwork and fee with the Florida Department of State.

Georgia

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $15

Registering a Georgia trademark or service mark does not protect it from use by others; rather, protection is established under common law through use in association with the sale of services or goods. Trademark registration is not required in Georgia, but benefits of registration include that registration can serve as evidence of ownership in the event of an infringement claim. You cannot reserve a mark before using it, as registration is not possible before the goods or services connected to the mark have been offered or sold. A trademark or service mark renewal may be filed up to six months in advance of its expiration date provided that it is in use at the time that the renewal application is submitted.

Hawaii

• Available marks/registrations: Trademark, service mark, trade name
• Effective term for registrations: Five years
• Cost to register: $25

A Hawaii trademark, service mark, or trade name cannot be the same as another that is already in use within the state. It is an applicant’s responsibility to make sure that no one else in Hawaii is already utilizing the mark or name they want to use, as the Hawaii Department of Commerce and Consumer Affairs will only check to ensure that no “substantially identical” names or marks have been registered. If more than one entity or person has chosen the same name or mark, the first one to have actively and continuously used it is the owner; registration does not grant ownership. Marks and names may be renewed up to six months prior to their expiration date.

Idaho

• Available marks/registrations: Trademark, service mark, collective mark, certification mark
• Effective term for registrations: 10 years
• Cost to register: $30 (online) $50 (paper)

You must be currently using an Idaho trademark or service mark within the state before you register it; a mark cannot be reserved before it is in use. Registering a mark in Idaho does not necessarily confer exclusive ownership of the mark, but rather provides the applicant with the right to use the mark in connection with the sale of the associated goods or services within the state. While registration can serve to give public notice of a person’s claim to the right to use a mark, the secretary of state’s office does not have jurisdiction to resolve disputes related to others trying to use the same or similar marks. A mark may be renewed up to six months before its expiration date provided that it is still in use.

Illinois

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $10

An Illinois trademark or service mark must be in use prior to registration. A trademark in Illinois will not be eligible for registration if it encompasses matter that is immoral, deceptive, or disparaging, an individual’s signature, name, or image without their permission, an insignia or flag of any country, state, or municipality, or if it is too similar to another registered mark, among other restrictions. Registration of a trademark or service mark is optional in Illinois. A mark may be renewed up to 60 days before its expiration date.

Indiana

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $10

An Indiana trademark must be in use in commerce within the state at the time of registration, and cannot be reserved before that time. The rights to your trademark are acquired under common law through use of the mark, rather than through registration. However, benefits of registration can include providing public notice of your use of the mark, and potentially establishing your rights to it in the event of a legal conflict related to infringement. All Indiana trademark applications and documents are presently required to be filed online. It is important for an applicant to search for similar marks at the federal level before seeking to register, as the secretary of state’s office will not check for federal registrations on your behalf. You can renew a mark up to six months before its expiration date.

Iowa

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $10

Iowa trademarks and service marks are protected under common law, but taking the additional step of registering your mark with the secretary of state’s office can carry additional protections by giving public notice of your use of the mark. An application to register a mark must include a statement by the applicant that no other person has registered the mark at issue within Iowa or at the federal level. A mark may be renewed up to six months in advance of its expiration date. A mark may be assigned to a new owner upon the filing of the requisite paperwork with the secretary of state, and may be cancelled under circumstances including a request to cancel by its owner, failure to renew the mark, or a finding by a court that the mark has been abandoned.

Kansas

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $40

Registering a Kansas trademark or service mark serves to provide public notice that you are using the mark, but does not guarantee that another person does not have the right to use the same mark in commerce. Someone seeking to register a mark should check to see if anyone else has registered a similar mark with the secretary of state’s office. A mark must be in use in commerce before it can be registered, and you cannot reserve it before that time. A trademark or service mark may be renewed up to six months before its expiration date. A mark may be assigned to a new owner upon the filing of the requisite paperwork with the secretary of state. A mark’s current owner may request cancellation of the mark by filing the request with the secretary of state before the mark’s expiration date.

Kentucky

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $10

A Kentucky trademark or service mark must be in use in commerce in Kentucky before it can be registered with the secretary of state; marks cannot be reserved prior to usage. Rights to a trademark are established under common law through usage rather than through registration. However, registering your mark can provide notice to the public that it is in use, and also potentially provide you with an advantage in the event of a future legal conflict over the right to use the mark. Before registering, you can search marks that are registered in Kentucky to see if the one you wish to register is too similar to another one already in use. You can renew a trademark up to six months before its expiration date.

Louisiana

• Available marks/registrations: Trademark, service mark, trade name
• Effective term for registrations: 10 years
• Cost to register: $75

A Louisiana trademark, service mark, or trade name can be reserved for a period of up to 120 days. You can check the availability of a mark or name with the secretary of state’s office prior to attempting to register. Marks cannot be misleading in terms of suggesting that a for-profit entity is a nonprofit or charitable organization. Rights to a mark are established through use rather than registration, though registration can carry benefits such as putting members of the public on notice that the mark is in use. You can assign or transfer a mark to a new owner by filing the required fee and paperwork with the secretary of state. A mark can be renewed up to six months in advance of its expiration date.

Maine

• Available marks/registrations: Trademark, service mark, collective mark, certification mark, combination service/trademark
• Effective term for registrations: 10 years
• Cost to register: $60

A Maine trademark or other mark cannot be deceptive or profane, falsely suggest an association with a person or institution, contain a person’s name, signature, or image unless they consent, or contain the flag or insignia or any state or country, among other statutory restrictions. It also generally cannot be similar enough to another mark registered in the state to cause consumer confusion. A mark can be renewed up to six months before its expiration date. A mark can be cancelled under circumstances including failure to renew, a request to cancel by the registrant, or a court finding that the mark has been abandoned or was granted improperly.

Maryland

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $50

A Maryland trademark or service mark must be in actual use in the state before it can be registered. A trademark or service mark cannot be deceptive, immoral, disparaging, or likely to cause confusion. It also cannot be merely descriptive of the goods or services with which it is associated. An applicant has a right to a hearing before the secretary of state denies an application. Registration can be renewed for an additional 10-year term within six months before the current term expires. Registration can be canceled if it was obtained fraudulently or granted improperly, or if the mark has been abandoned, among other grounds. A mark may be assigned to another person or entity, together with the business goodwill associated with it.

Massachusetts

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50

A Massachusetts trademark may be registered only if it is placed on goods or items associated with the goods, while a service mark may be registered only if it is used or displayed in selling or advertising services. The use must be in good faith and must not be solely for the purpose of registration. A trade name may be registered if it also functions as a trademark or service mark. An application will be denied if a mark is immoral, deceptive, likely to cause confusion, or merely descriptive or deceptively misdescriptive. Registration can be renewed for an additional five-year term within six months before the current term expires. Registration can be canceled if a mark has been abandoned or has become generic, among other grounds.

Michigan

• Available marks/registrations: Trademark, service mark, insignia
• Effective term for registrations: 10 years
• Cost to register: $50

A Michigan trademark or service mark will not be registered if it resembles an existing trademark or service mark to the extent that it would be likely to cause confusion. An application also may be denied if a mark is merely descriptive of the products or services associated with it, or if it is deceptive, immoral, or disparaging. Registration can be renewed if the applicant submits a renewal application to the Bureau of Corporations, Securities, and Commercial Licensing within the six-month renewal period. Registration may be canceled if it was obtained fraudulently or granted improperly, or if the mark has been abandoned, among other grounds.

Minnesota

• Available marks/registrations: Trademark, service mark, certification mark, collective mark
• Effective term for registrations: 10 years
• Cost to register: $50

A Minnesota trademark or other mark must have been used commercially prior to registration. A mark will not be registered if it is so similar to an existing mark that it would be likely to confuse or deceive consumers. Registration also will be denied if a mark is deceptive, immoral, disparaging, or merely descriptive. Registration can be renewed for an additional 10-year term within the six months before the current term expires. Possible reasons to cancel registration include the abandonment of the mark, fraud in obtaining registration, or a situation in which the mark has become the generic name for the products or services associated with it.

Mississippi

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50 ($60 for non-residents of Mississippi)

A Mississippi trademark or service mark must be used in the state before it can be registered. A mark will not be registered if it is merely descriptive of the goods or services offered by the applicant, or if it is so similar to an existing mark that it would cause confusion among consumers. Moreover, a mark must not be immoral, deceptive, or disparaging. Registration can be renewed for an additional five-year term prior to the expiration of the current term. A trademark or service mark may be assigned to another person or entity, and the assignment may be recorded. Registration may be canceled if a mark has become generic or if registration was granted improperly, or on grounds such as fraud or abandonment.

Missouri

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $55

A Missouri trademark or service mark must be used in the state before it can be registered. A mark will not be registered if it is immoral, deceptive, scandalous, disparaging, primarily geographically descriptive, deceptively misdescriptive, or merely descriptive of the products or services associated with it. A likelihood of consumer confusion due to a resemblance to an existing mark also will prevent a mark from being registered. Registration can be renewed for an additional 10-year term by filing an application within six months before the current term expires. Reasons to cancel registration include fraud, abandonment, or a situation in which a mark becomes the generic name for the products or services associated with it.

Montana

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $20

A Montana trademark or service mark must not be deceptive, immoral, scandalous, disparaging, or merely descriptive or deceptively misdescriptive. It also must not be likely to cause confusion or deceive consumers by conflicting with an existing mark. Registration can be renewed for an additional five-year term by filing an application within six months before the current term expires. Registration may be canceled if a mark has become generic or has been abandoned, among other grounds. A mark may be assigned in writing to another person or business, and the assignment may be recorded.

Nebraska

• Available marks/registrations: Trademark, service mark, trade name
• Effective term for registrations: 10 years
• Cost to register: $100

A Nebraska trademark or service mark must not be deceptive, immoral, likely to cause confusion, or primarily a surname. It also must not be disparaging and must not be descriptive or primarily geographically descriptive, and it must not be deceptively misdescriptive. Registration can be renewed for an additional 10-year term by filing an application within six months before the end of the current term. Registration can be canceled if an applicant obtained registration fraudulently or if a mark has become a generic descriptor of the goods or services for which it was registered, among other grounds.

Nevada

• Available marks/registrations: Trademark, service mark, trade name
• Effective term for registrations: Five years
• Cost to register: $100

A Nevada trademark or service mark must be used in the state before it can be registered as a mark. A mark cannot be immoral, deceptive, scandalous, disparaging, or merely descriptive or primarily geographically descriptive. It also cannot resemble another mark currently in use in Nevada to the extent that it likely would deceive consumers or cause confusion. Registration can be renewed for an additional five-year term by submitting a renewal form within six months before the current term ends. Registration can be canceled if the mark has been abandoned or if it was obtained fraudulently, among other grounds.

New Hampshire

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $50

A New Hampshire trademark or service mark must not be immoral, deceptive, disparaging, or likely to cause consumer confusion because it resembles an existing mark in New Hampshire. It also cannot be primarily geographically descriptive or merely descriptive of the goods or services with which it is associated. Registration can be renewed for another 10-year term if the owner files an application within six months before the expiration of the current term. An assignment of a trademark may be recorded with the secretary of state. Registration can be canceled for reasons such as fraud or abandonment of the mark.

New Jersey

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50

A New Jersey trademark or service mark must not be likely to cause confusion with another mark that has been registered in New Jersey and has not been abandoned. It also must not be descriptive of the goods or services with which it is associated, or primarily geographically descriptive, and it must not be deceptive, immoral, or disparaging. The owner of a mark can apply to renew its registration for another five-year term within six months before the expiration of the current term. Registration of a mark may be canceled if the mark has become generic or if it has been abandoned, among other grounds. The owner of a mark may assign it to another person or business.

New Mexico

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $50

A New Mexico trademark or service mark must not be immoral, deceptive, scandalous, or disparaging, and it must not be primarily geographically descriptive. It must not merely describe the goods or services offered by the applicant, and it must not be so similar to an existing mark that it would cause confusion among consumers. The owner of a mark can file a renewal application for another 10-year term within six months before a term expires, as long as they are continuing to use the mark. Registration may be canceled if a mark was registered fraudulently, has been abandoned, or has become the generic name for the products or services associated with it, among other reasons.

New York

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $50

A New York trademark or service mark must not be merely descriptive of the goods or services associated with it, and it must not be primarily geographically descriptive or deceptively misdescriptive. It must not be likely to cause confusion among consumers, based on a resemblance to an existing mark. Registration may be renewed for an additional 10 years if the owner of the mark files a renewal application within six months before the end of the current term. A mark may be assigned to another person or business. Cancellation may occur if a mark has been abandoned, if it was registered fraudulently, or if it has become a generic description for the products or services associated with it.

North Carolina

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $75

A North Carolina trademark or service mark may not be immoral, deceptive, scandalous, or disparaging. It also may not be the same as an existing mark in North Carolina, or so similar to it that it would be likely to cause confusion among consumers. A mark must not be generic, descriptive, or deceptively misdescriptive. An owner of a mark may apply to renew its registration for another 10-year term by filing a renewal application within six months before the current term expires. Registration may be canceled if it was improperly granted or obtained fraudulently, or if the mark no longer serves its purpose because it has been abandoned or has become generic.

North Dakota

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $30

A North Dakota trademark or service mark may not conflict with an existing mark in North Dakota to the extent that consumers would be confused. A mark also may not be immoral, deceptive, disparaging, or primarily geographically descriptive. A mark must not simply describe the products or services offered by the applicant. Within six months before the end of the registration term, the owner of a mark can file an application to renew the registration for another 10 years. Registration of a mark may be canceled if the mark has been abandoned or if the registration was obtained fraudulently, or for any other reason at a court’s discretion. A mark may be assigned to another person or business, together with its associated goodwill.

Ohio

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $125

An Ohio trademark or service mark may be registered only if it is not so similar to an existing mark that it would cause consumer confusion. A mark must not be disparaging, deceptive, immoral, or merely descriptive of the goods or services offered by the applicant. Registration of a mark may be renewed for another 10-year term if the owner of the mark submits a renewal application within six months before the expiration of the current term. A mark may be assigned to another individual or entity if certain documents are completed. Registration may be canceled if it was granted improperly or if the mark has become generic, or if a court with jurisdiction over the matter orders it to be canceled for any other reason.

Oklahoma

• Available marks/registrations: Trademark (defined to include marks associated with goods and/or services)
• Effective term for registrations: 10 years
• Cost to register: $50

An Oklahoma trademark must not be immoral, deceptive, scandalous, primarily geographically descriptive, or simply descriptive of the goods or services associated with it. It must not be the same as an existing mark in Oklahoma or so similar to it that consumers likely would be confused. Registration may be renewed for an additional five-year period if the owner of a mark files a renewal application within six months before the expiration of the current term. The owner of a mark may assign it to another person or entity and record that assignment by filing a designated form. Registration may be canceled if a mark has been abandoned or if it was registered fraudulently, among other grounds.

Oregon

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50

An Oregon trademark or service mark cannot be registered if it is so similar to an existing mark that it would be likely to cause confusion, or if it is deceptive, immoral, scandalous, or disparaging. Registration also will be denied if a mark simply describes the goods or services of the applicant, or if it is primarily geographically descriptive or deceptively misdescriptive. If the owner of the mark continues to use it, they can renew it for an additional five-year term if they apply for renewal within 180 days before the end of the current term. Registration may be canceled if it was obtained fraudulently, or if the mark has been abandoned or has become generic, among other reasons.

Pennsylvania

• Available marks/registrations: Trademark, service mark, insignia, mark used with articles or supplies
• Effective term for registrations: Five years
• Cost to register: $50

A Pennsylvania trademark or service mark must not be immoral, deceptive, scandalous, disparaging, or primarily geographically descriptive. It also will not be registered if it does no more than describe or deceptively misdescribe the goods or services provided by the applicant. A mark must not be so similar to an existing mark that it would cause confusion regarding the source of the goods or services. Registration may be renewed for another five-year term if the owner of the mark continues to use it in commerce and files a renewal application within six months before the end of the current term. Any mark may be assigned to another person or entity, together with the goodwill associated with it, and the assignment may be recorded.

Rhode Island

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $50

A Rhode Island trademark or service mark must not be the same as any existing mark or so similar to it that it would result in consumer confusion. It must not be deceptive, immoral, scandalous, disparaging, or merely descriptive of the goods or services that the applicant intends to associate with it. A trademark or service mark may be renewed for another 10-year term if the owner of the mark files a renewal application within six months before the end of the current term. Registration may be canceled if it was fraudulently obtained or improperly granted, if the mark has been abandoned, or if the superior court orders it to be canceled.

South Carolina

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $15

A South Carolina trademark or service mark must already be in use in the state before it can be registered. A mark will not be registered if it is immoral, deceptive, scandalous, or disparaging, or if it is simply descriptive of the applicant’s products or services. Registration also will be denied if the mark is too similar to an existing mark in South Carolina, such that the similarity would cause consumer confusion. If the owner continues to use the mark, they may renew registration for an additional five-year term if they file a renewal application within six months before the current term expires. A mark may be assigned to another individual or entity if the assignment is executed in writing, and the assignment may be recorded.

South Dakota

• Available marks/registrations: Trademark, service mark, emblem, farm/ranch/home name
• Effective term for registrations: Four years
• Cost to register: $125

A South Dakota trademark or service mark must not be merely descriptive, deceptively misdescriptive, or so similar to an existing mark that it would cause confusion among consumers. It also must not be immoral, deceptive, scandalous, or disparaging. Registration may be renewed for an additional four-year term if the owner of the mark files a renewal application within six months before the current term ends. Registration may be canceled if it was obtained fraudulently or granted improperly, or if the mark has been abandoned, among other grounds. A mark may be assigned to someone else, together with the goodwill of the business that is associated with it, and the assignment may be recorded.

Tennessee

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $20

A Tennessee trademark or service mark must not be immoral, deceptive, scandalous, or disparaging. It also must not be deceptively misdescriptive, or merely descriptive of the products or services offered by the applicant. A trademark or service mark must not be so similar to an existing mark that it would be likely to cause confusion or deceive consumers. The owner of a mark may renew registration for another five-year term by filing a renewal form within six months before the end of the current term of registration. Registration may be canceled if the mark has become generic, if it has been abandoned, or if registration was obtained fraudulently or granted improperly, among other grounds.

Texas

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50

A Texas trademark or service mark must not be the same as an existing mark, or so similar to it that consumers would be confused or deceived. Moreover, a mark must not be disparaging, immoral, deceptive, or primarily geographically descriptive. It must not be merely descriptive of the applicant’s goods or services. Registration may be renewed for an additional five-year term if the owner of the mark files a renewal application within the 180 days before the current term expires. Possible reasons for which registration may be canceled include the abandonment of the mark, fraud in obtaining registration, or a situation in which the mark has become the generic name for the products or services associated with it.

Utah

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $50

A Utah trademark or service mark cannot be merely descriptive of the products or services connected with the mark, nor can it be deceptively misdescriptive or primarily geographically descriptive. A mark also must be sufficiently distinct from existing marks to prevent confusion among consumers. A mark must not be immoral, deceptive, scandalous, or disparaging. Registration may be renewed for another five years within six months before the end of the current term if the owner of the mark submits a renewal form. Registration may be canceled if it was obtained fraudulently or granted improperly, or if the mark has been abandoned by its owner or has become generic, among other reasons.

Vermont

• Available marks/registrations: Trademark only (service marks specifically excluded)
• Effective term for registrations: 10 years
• Cost to register: $20

A Vermont trademark must not be immoral, deceptive, or disparaging, and it must not be primarily geographically descriptive or merely descriptive of the products or services associated with it. A mark must not be the same as an existing mark or so similar to an existing mark that consumers likely would be confused or deceived regarding the origin of products or services. Registration may be renewed for an additional 10-year period prior to the expiration of the current term, and the owner of a mark will be notified of the option to renew during the last year of the current term. A mark may be assigned to someone else, together with the goodwill of the business that is associated with the mark.

Virginia

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $30

A Virginia trademark or service mark must not be likely to cause consumer confusion due to a resemblance to an existing mark. It also must not be primarily geographically descriptive, merely descriptive of the products or services associated with it, or deceptively misdescriptive. The owner of a registered mark may renew the registration for an additional five-year term by filing a renewal application within the six-month period preceding the end of the current term. A mark may be assigned in writing to another party, and the assignment may be recorded. Registration may be canceled if the mark has been abandoned or has become generic, or if registration was obtained fraudulently or granted improperly, among other reasons.

Washington

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $55

A Washington trademark or service mark must not resemble an existing mark to the extent that consumers likely would be deceived regarding the origin of the products or services associated with the mark. Registration will not be granted if a mark is immoral, deceptive, scandalous, or disparaging. The owner of a mark may file a renewal application for an additional five-year registration period within six months before the expiration of the current registration period. Registration may be canceled if a mark has been abandoned, if it is no longer capable of serving its function as a mark, or if registration was granted improperly or obtained fraudulently.

West Virginia

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: 10 years
• Cost to register: $50

A West Virginia trademark or service mark cannot be merely descriptive of the products or services offered by the applicant, nor can it resemble an existing mark so closely that it would be likely to confuse or deceive consumers. Registration also will not be granted if a mark is disparaging, immoral, deceptive, or primarily geographically descriptive. The owner of a registered mark may apply to renew the registration for an additional 10-year term within six months before the expiration of the current term. Registration may be canceled upon a finding that a mark has been abandoned or has become generic, or that registration was granted improperly or obtained fraudulently, among other reasons.

Wisconsin

• Available marks/registrations: Trademark (defined to include marks associated with goods and/or services)
• Effective term for registrations: 10 years
• Cost to register: $15

A Wisconsin trademark or service mark will not be registered if it involves a replica or simulation of the flag, coat of arms, or insignia of the US, a state, a municipality, or a foreign nation. Registration may be renewed for an additional 10-year term if the owner of the mark files a renewal application within the six-month period before the expiration of the current registration term. Registration may be canceled if a registration term expires without a renewal application being filed, if the owner requests cancelation, or if a court finds that the mark has been abandoned, among other grounds. If another party takes over the business associated with the mark, the mark will be assigned to the succeeding party.

Wyoming

• Available marks/registrations: Trademark, service mark
• Effective term for registrations: Five years
• Cost to register: $100

A Wyoming trademark or service mark will not be registered if it is immoral, deceptive, scandalous, or disparaging, or if it is primarily geographically descriptive or deceptively misdescriptive. A mark also must not merely describe the products or services associated with it, or deceptively misdescribe them, and it must not be so similar to an existing mark that it would be expected to cause consumer confusion. Registration may be renewed for another five-year period if the owner of the mark submits a renewal application within six months before the expiration of the current registration period. Possible reasons to cancel registration include abandonment, fraud, or a situation in which a mark has become generic, among others.

Last reviewed October 2022