A Guide to State Trademark Information
By Taylar-Simone McCants, J.D. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed May 22, 2024
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As a small-business owner, protecting your business name is one of the most important steps in the long-term success of your company. Although common law rights are automatically given through the use of the mark in commerce, these rights are limited to the geographic areas where the mark is in use.
Most entrepreneurs find out about federal trademark registration with the United States Patent and Trademark Office (USPTO) and stop there. Yet, having a registered trademark on the state level is also beneficial.
You can find trademark protection information for all 50 states and Washington, D.C., in the table below. This includes details on registering a trademark in your state. Registering will let others know you have exclusive rights to the mark.
For a step-by-step guide to applying for federal trademark registration, see Registering a Trademark.
| State | Where to Apply for State Trademark Protection |
|---|---|
| Alabama | Trademark Application (Alabama Secretary of State) |
| Alaska | Filing an Alaska State Trademark (Alaska Dept. of Commerce, Community, & Economic Development) |
| Arizona | Trade Names and Trademarks (Arizona Secretary of State) |
| Arkansas | Trademark/Service Mark (Arkansas Secretary of State) |
| California | Trademarks and Service Marks (California Secretary of State) |
| Colorado | Trademarks FAQs (Colorado Secretary of State) |
| Connecticut | Trade and Service Mark FAQ (Connecticut Secretary of State) |
| Delaware | Trademarks, Brands, and Labels (Delaware Division of Corporations) |
| District of Columbia | Reserve or Register a Trade Name (D.C. Government) |
| Florida | Trademark/Service Mark Forms (Florida Department of State) |
| Georgia | Trademarks and Service Marks (Georgia Secretary of State) |
| Hawaii | Trade Name, Trademark, or Service Mark (Hawaii Dept. of Commerce & Consumer Affairs) |
| Idaho | Trademarks and Service Marks (Idaho Secretary of State) |
| Illinois | Trademark Publications and Forms (Illinois Secretary of State) |
| Indiana | Trademarks Information and Search (Indiana Secretary of State) |
| Iowa | Application for Registration of Mark (Iowa Secretary of State) |
| Kansas | Trademark/Service Mark Registration FAQ (Kansas Secretary of State) |
| Kentucky | Trademarks/Service Marks (Kentucky Secretary of State) |
| Louisiana | Application to Register Trade Name, Trademark, or Service Mark (Louisiana Secretary of State) |
| Maine | Marks and Trade Names (Maine Secretary of State) |
| Maryland | Trademarks and Service Marks (Maryland Secretary of State) |
| Massachusetts | Trademark and Service Marks (Massachusetts Secretary of State) |
| Michigan | Trademarks, Service Marks, and Insignia (Michigan Dept. of Consumer & Industry Services) |
| Minnesota | Trade and Service Marks (Minnesota Secretary of State) |
| Mississippi | Application to Register/Renew Trade and Service Marks (Mississippi Secretary of State) |
| Missouri | Trademarks and Service Marks (Missouri Secretary of State) |
| Montana | Trademarks (Montana Secretary of State) |
| Nebraska | Trademark/Service Mark Application (Nebraska Secretary of State) |
| Nevada | Mark Forms (Nevada Secretary of State) |
| New Hampshire | Trademark - Service Mark Forms and Laws (New Hampshire Secretary of State) |
| New Jersey | Register/Renew State Trade and Service Marks (New Jersey Division of Revenue) |
| New Mexico | Trademarks and Service Marks (New Mexico Secretary of State) |
| New York | Original Trademark Registration Form (New York Dept. of State) |
| North Carolina | Trademarks (North Carolina Secretary of State) |
| North Dakota | Trademark/Service Mark Registration (North Dakota Secretary of State) |
| Ohio | Trademarks or Service Marks (Ohio Secretary of State) |
| Oklahoma | Trademark (Oklahoma Secretary of State) |
| Oregon | Business Names and Trademarks (Oregon Secretary of State) |
| Pennsylvania | Registration of a Trademark (Pennsylvania Department of State) |
| Rhode Island | Trademark / Service Mark Section (Rhode Island Secretary of State) |
| South Carolina | Trademarks (South Carolina Secretary of State) |
| South Dakota | Trademarks (South Dakota Secretary of State) |
| Tennessee | Trademarks (Tennessee Department of State) |
| Texas | Trademark Forms (Texas Secretary of State) |
| Utah | Trademark (Utah Division of Corporations and Commercial Code) |
| Vermont | Trademarks (Vermont Secretary of State) |
| Virginia | Trademark, Service Mark Registration (Virginia State Corporation Commission) |
| Washington | Trademark Registration (Washington Secretary of State) |
| West Virginia | Trademarks and Service Marks (West Virginia Secretary of State) |
| Wisconsin | Trade Names and Trademarks (Wisconsin Department of Financial Institutions) |
| Wyoming | Trademarks (Wyoming Secretary of State) |
| Puerto Rico | Trademarks and Trade Name (Puerto Rico Trademark Office) |
State Trademark vs. Federal Trademark Registration
Trademarks at both the state and federal levels still protect the same things, such as:
- Company names/brand names
- Symbols or logo
- Slogans
- Words
State trademark laws protect trademarks within the borders of that state. Federal trademarks offer protection across the nation.
State trademark offices manage the registration process. Each state has its own trademark application forms, filing fees, and procedures. Legal actions are usually handled in state courts if a state-level trademark owner experiences trademark infringement. The federal court systems handle trademark infringement on a federally registered trademark.
Get Professional Legal Advice Complying With State Trademark Law
Trademark law can be very complex, especially considering the various courts involved. Selling your goods internationally requires extra protection. If you sell locally or in a few states, you may need help complying with state laws. Find a trademark attorney licensed to practice in your state to get started.
Visit FindLaw's Intellectual Property section (IP section) for more information about trademark rights and other IP legal protections.
Next Steps
Contact a qualified business attorney to help you identify how to best protect your business' intellectual property.
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