This is not a substitute for legal advice.  An attorney must be consulted.

"This work is protected under the copyright laws of the United States.  No reproduction, use, or disclosure of this work shall be permitted without the prior express written authorization of the copyright owner.  Copyright ©1994 - 2013 by LAWCHEK, LTD."

Common law provides trademark protection if the mark is used in commerce for a sufficient length of time.  However, registration of the mark will generally provide wider protection, make enforcement easier, and provide statewide constructive notice of ownership.  

Please see specific state for details and/or differences.

ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | 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
To register a trademark in the state of Alabama, complete the Alabama trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $30.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Ala. Code § 8-12-8(a) (1993 Repl. Vol.). 

Alabama may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Ala. Code § 8-12-6(2) (1993 Repl. Vol) § 8-12-7. 

Registration is valid for ten years once accepted by the state.  Ala. Code § 8-12-10(a) (1993 Repl. Vol).

ALASKA
To register a trademark in the state of Alaska, complete the Alaska trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $10.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Alaska Stat. § 45.50.020(3) . 

Alaska may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Alaska Stat. § 45.50.010. 

Registration is valid for ten years once accepted by the state.  Alaska Stat. § 45.50.070.

ARIZONA
To register a trademark in the state of Arizona, complete the Arizona trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $15.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  A.R.S. § 44-1443. 

Arizona may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  A.R.S. § 44-1442. 

Registration is valid for ten years once accepted by the state.  A.R.S. § 44-1445.

ARKANSAS
To register a trademark in the state of Arkansas, complete the Arkansas trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Ark. Stat. Ann. § 4-71-105. 

Arkansas may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Ark. Stat. Ann. § 4-71-104. 

Registration is valid for five years once accepted by the state.  Ark. Stat. Ann. § 4-71-108.

CALIFORNIA
To register a trademark in the state of California, complete the California trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $120.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Cal. Bus. & Prof. Code § 14230. 

California may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Cal. Bus. & Prof. Code § 14220. 

Registration is valid for ten years once accepted by the state.  Cal. Bus. & Prof. Code § 14250.

COLORADO
To register a trademark in the state of Colorado, complete the Colorado trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Colo. Rev. Stat. § 7-70-101(4). 

Colorado may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Colo. Rev. Stat. § 7-70-108. 

Registration is valid for ten years once accepted by the state.  Colo. Rev. Stat. § 7-70-101(4) and § 7-70-104.

CONNECTICUT
To register a trademark in the state of Connecticut, complete the Connecticut trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Conn. Gen. Stat., Ch. 621a § 35-11a at § 35-11c. 

Connecticut may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Conn. Gen. Stat., Ch. 621a § 35-11b. 

Registration is valid for five years once accepted by the state.  Conn. Gen. Stat. Chap., Ch. 621a § 35-11e(b)(1).

DELAWARE
To register a trademark in the state of Delaware, complete the Delaware trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $35.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  G. Del. C. § 3302 and § 3304. 

Delaware may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  6 Del. C. § 3303. 

Registration is valid for ten years once accepted by the state.  6 Del. C. § 3306(a).

FLORIDA
To register a trademark in the state of Florida, complete the Florida trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $87.50 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Fla. Stat. ch. 495.031. 

Florida may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Fla. Stat. ch. 495.021(1). 

Registration is valid for ten years once accepted by the state.  Fla. Stat. ch. 495.071.

GEORGIA
To register a trademark in the state of Georgia, complete the Georgia trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $15.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  O.C.G.A. § 10-1-442. 

Georgia may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  O.C.G.A. § 10-1-441. 

Registration is valid for ten years once accepted by the state.  O.C.G.A. § 10-1-445.

HAWAII
To register a trademark in the state of Hawaii, complete the Hawaii trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark if it is a symbol or design, and the $25.00 filing fee to the Department of Commerce and Consumer Affairs.  Hawaii does not require that the mark be used in the state prior to registration.  However, failure to use the mark for any 365-day period after registration, or failure to register the mark at the US Patent and Trademark Office, may result in revocation.  HRS § 482-6

Hawaii will register any mark, except for union labels, that does not contain deceptive words, symbols, or phrases.  However, the US Patent and Trademark Office will not register a mark if it contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  15 U.S.C § 1052. 

Registration is valid for ten years once accepted by the state.  HRS § 482-3(b).

IDAHO
To register a trademark in the state of Idaho, complete the Idaho trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $20.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Idaho Code § 48-501 and § 48-503. 

Idaho may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Idaho Code § 48-502(2). 

Registration is valid for ten years once accepted by the state.  Idaho Code § 48-506.

ILLINOIS
To register a trademark in the state of Illinois, complete the Illinois trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $10.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  765 ILCS 1035/3. 

Illinois may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  765 ILCS 1035/2. 

Registration is valid for ten years once accepted by the state.  765 ILCS 1035/6.

INDIANA
To register a trademark in the state of Indiana, complete the Indiana trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $10.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Ind. Code § 24-2-1-4. 

Indiana may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Ind. Code § 24-2-1-3. 

Registration is valid for ten years once accepted by the state.  Ind. Code § 24-2-1-6.

IOWA
To register a trademark in the state of Iowa, complete the Iowa trademark application form attached as part of this program.  Submit the completed application, one specimen of the mark, and the $10.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Iowa Code ch. 548.103. 

Iowa may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Iowa Code ch. 548.102. 

Registration is valid for five years once accepted by the state.  Iowa Code ch. 548.106.

KANSAS
To register a trademark in the state of Kansas, complete the Kansas trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $25.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  K.S.A. § 81-113 . 

Kansas may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  K.S.A. § 81-112. 

Registration is valid for ten years once accepted by the state.  K.S.A. § 81-115.

KENTUCKY
To register a trademark in the state of Kentucky, complete the Kentucky trademark application form attached as part of this program.  Submit the completed application and the $10.00 filing fee to the Secretary of State's office.  In some cases, Kentucky will also require a specimen of the mark showing its use in commerce.

Kentucky may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  K.R.S. 365.567. 

Registration is valid for five years once accepted by the state.  K.R.S. 365.581(1).

LOUISIANA
To register a trademark in the state of Louisiana, complete the Louisiana trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark if it contains a logo or design, and a filing fee of $50.00 per class of goods registered to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  La. Rev. Stat. Ann. 51:214(A)(3). 

Louisiana may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  La. Rev. Stat. Ann. 51:212. 

Registration is valid for ten years once accepted by the state.  La. Rev. Stat.  Ann. 51:216(A).

MAINE
To register a trademark in the state of Maine, complete the Maine trademark application form attached as part of this program.  The Secretary of State’s office will require the completed application, three specimens of the mark, $50.00 for the first class of goods registered, and $10.00 for each additional class registered.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  10 M.R.S.A. §1522(2). 

Maine may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  10 M.R.S.A. § 1522(1). 

Registration is valid for ten years once accepted by the state.  10 M.R.S.A. § 1524.

MARYLAND
To register a trademark in the state of Maryland, complete the Maryland trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Md. Bus. Reg. Code Ann. § 1-404(a) and  § 1-406(c)(7). 

Maryland may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Md. Bus. Reg. Code Ann. § 1-404(b). 

Registration is valid for ten years once accepted by the state.  Md. Bus. Reg. Code Ann. § 1-410(a).

MASSACHUSETTS
To register a trademark in the state of Massachusetts, complete the Massachusetts trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $25.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Mass. Laws Ann. ch. 110B, § 2. 

Massachusetts may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Mass. Laws Ann. ch. 110B, § 3. 

Registration is valid for ten years once accepted by the state.  Mass. Laws Ann. ch. 110B, § 5.

MICHIGAN
To register a trademark in the state of Michigan, complete the Michigan trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $50.00 filing fee to the Department of Commerce.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Mich. Comp. Laws Ann. § 429.33 . 

Michigan may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Mich. Comp. Laws Ann. § 429.32. 

Registration is valid for ten years once accepted by the state.  Mich. Comp. Laws Ann. § 429.35.

MINNESOTA
To register a trademark in the state of Minnesota, complete the Application for Trademark, Service Mark, Certification Mark or Collective Mark form attached as part of this program.   Submit the completed application, one specimen of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Minn. Stat. § 333.20 (1995).

Minnesota may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Minn. Stat. § 333.19 (1995).

Registration is valid for ten years once accepted by the state.  Minn. Stat. § 333.22 (1995).  Minnesota will send a renewal notice to the name and address on file prior to the expiration date. Minn. Stat.     § 333.30 (1995).

MISSISSIPPI
To register a trademark in the state of Mississippi, complete the Mississippi trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $25.00 resident or $35.00 nonresident filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Miss. Code Ann. § 75-25-1 and 75-25-5. 

Mississippi may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Miss. Code Ann. § 75-25-3. 

Registration is valid for ten years once accepted by the state.  Miss. Code Ann. § 75-25-9.

MISSOURI
To register a trademark in the state of Missouri, complete the Missouri trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Mo. Rev. Stat. § 417.016. 

Missouri may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Mo. Rev. Stat. § 417.011. 

Registration is valid for ten years once accepted by the state.  Mo. Rev. Stat. § 417.026.

MONTANA
To register a trademark in the state of Montana, complete the Montana trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $20.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Mont. Code Ann. § 30-13-302 and § 30-13-311. 

Montana may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Mont. Code Ann. § 30-13-303. 

Registration is valid for ten years once accepted by the state.  Mont. Code Ann. § 30-13-313.

NEBRASKA
To register a trademark in the state of Nebraska, complete the Nebraska trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $100 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  R.R.S. § 87-113. 

Nebraska may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  R.R.S. § 87-112. 

Registration is valid for ten years once accepted by the state.  R.R.S. § 87-115.

NEVADA
To register a trademark in the state of Nevada, complete the Nevada trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  N.R.S. 600.340. 

Nevada may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  N.R.S. 600.330. 

Registration is valid for five years once accepted by the state.  N.R.S. 600.360(1).

NEW HAMPSHIRE
To register a trademark in the state of New Hampshire, complete the New Hampshire trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  RSA §§ 350-A:1 - 350-A:3. 

New Hampshire may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  RSA 350-A:2. 

Registration is valid for ten years once accepted by the state.  RSA 350-A:5.

NEW JERSEY
To register a trademark in the state of New Jersey, complete the New Jersey trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  N.J. Stat. Ann. § 56:3-13.3. 

New Jersey may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  N.J. Stat. Ann. § 56:3-13:2. 

Registration is valid for five years once accepted by the state.  N.J. Stat. Ann. § 56:3-13:5.

NEW MEXICO
To register a trademark in the state of New Mexico, complete the New Mexico trademark application form attached as part of this program.  Submit the completed application, one specimen of the mark, and the $25.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  N.M. Stat. Ann. § 57-3-2. 

Unlike most states, New Mexico does not specify classes of nonregistrable marks.  

Registration is valid for ten years and can be obtained for trademarks, trade names, and labels.  N.M. Stat. Ann. § 57-3-7.

NEW YORK
To register a trademark in the state of New York, complete the New York trademark application form attached as part of this program.  Submit the completed application, four specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  N.Y. CLS Gen. Bus. § 362. 

New York may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  N.Y. CLS Gen. Bus. § 361. 

Registration is valid for ten years once accepted by the state.  N.Y. CLS Gen. Bus. § 364.

NORTH CAROLINA
To register a trademark in the state of North Carolina, complete the North Carolina trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  N.C.G.S. § 80-3. 

North Carolina may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  N.C.G.S. § 80-2. 

Registration is valid for ten years once accepted by the state.  N.C.G.S. § 80-5.  However, the state requires registrants to submit a specimen and a signed statement every five years showing current use of the mark.

NORTH DAKOTA
To register a trademark in the state of North Dakota, complete the North Dakota trademark application form attached as part of this program.  The Secretary of State’s office will require the completed application, one specimen of the mark, $30.00 for the first class of goods registered, and $20.00 for each additional class registered.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  N.D. Cent. Code. § 47-22-03(3).

North Dakota may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  N.D. Cent. Code. § 47-22-02. 

Registration is valid for ten years once accepted by the state.  N.D. Cent. Code.    § 47-22-05.

OHIO
To register a trademark in the state of Ohio, complete the Ohio trademark application form attached as part of this program.  Submit the completed application, one specimen of the mark, and the $20.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  ORC § 1329.56. 

Ohio may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  ORC § 1329.55. 

Registration is valid for ten years once accepted by the state.  ORC § 1329.58.

OKLAHOMA
To register a trademark in the state of Oklahoma, complete the Oklahoma trademark application form attached as part of this program.  Submit the completed application, one specimen of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  78 Okl. St. Ann. § 23(A). 

Oklahoma may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  78 Okl. St. Ann. § 22 and § 21, Okl. St. Ann. § 371. 

Registration is valid for ten years once accepted by the state.  78 Okl. St. Ann. § 25.

OREGON
To register a trademark in the state of Oregon, complete the Oregon trademark application form attached as part of this program.  Submit the completed application, one specimen of the mark, and the $20.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  ORS § 647.015(1)(c). 

Oregon may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  ORS §§ 647.029 - 035. 

Registration is valid for five years once accepted by the state.  ORS § 647.055(1).

PENNSYLVANIA
To register a trademark in Pennsylvania, complete the Pennsylvania trademark application form attached as part of this program.  Submit the completed application, one specimen of the mark, and the $52.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  54 Pa. Cons. Stat. Ann. § 1112(a). 

Pennsylvania may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  54 Pa. Cons. Stat. Ann. § 1111. 

Registration is valid for ten years once accepted by the state.  54 Pa. Cons. Stat. Ann. § 1114.

RHODE ISLAND
To register a trademark in the state of Rhode Island, complete the Rhode Island trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  R.I. Gen. Laws § 6-2-2. 

Rhode Island may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  R.I. Gen. Laws § 6-2-3 . 

Registration is valid for ten years once accepted by the state.  R.I. Gen. Laws § 6-2-5.

SOUTH CAROLINA
To register a trademark in the state of South Carolina, complete the South Carolina trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $15.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  S.C. Code Ann. § 39-15-130. 

South Carolina may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  S.C. Code Ann. § 39-15-120. 

Registration is valid for ten years once accepted by the state.  S.C. Code Ann. § 39-15-150.

SOUTH DAKOTA
To register a trademark in the state of South Dakota, complete the South Dakota trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $10.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  S.D. Code Law § 37-6-5. 

South Dakota may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  S.D. Code Law § 37-6-6. 

Registration is valid for ten years once accepted by the state.  S.D. Code Law § 37-6-14.

TENNESSEE
To register a trademark in the state of Tennessee, complete the Tennessee trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $5.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Tenn. Code Ann. § 47-25-501(b)(1) and § 47-25-503. 

Tennessee may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Tenn. Code Ann. § 47-25-502 . 

Registration is valid for ten years once accepted by the state.  Tenn. Code Ann.§ 47-25-505.

TEXAS
To register a trademark in the state of Texas, complete the Texas trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $50.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Tex. Bus. & Com. Code §§ 16.01-16.02. 

Texas may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Tex. Bus. & Com. Code § 16.08. 

Registration is valid for ten years once accepted by the state.  Tex. Bus. & Com. Code § 16.12.

UTAH
To register a trademark in the state of Utah, complete the Utah trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $20.00 filing fee to the state’s Division of Corporations and Commercial Code.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Utah Code Ann. § 70-3-3. 

Utah may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Utah Code Ann. § 70-3-2. 

Registration is valid for ten years once accepted by the state.  Utah Code Ann.§ 70-3-6.

VERMONT
To register a trademark in the state of Vermont, complete the Vermont trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $10.00 filing fee to the Secretary of State's office.  Actual use of the mark in Vermont is not necessary for registration.

Vermont may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  9 V.S.A. § 2527. 

Registration is valid for ten years once accepted by the state.  9 V.S.A. § 2524 .

VIRGINIA
To register a trademark in Virginia, complete the Virginia trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $30.00 filing fee to the State Corporation Commission.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Va. Code Ann. § 59.1-80 . 

Virginia may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Va. Code Ann. § 59.1-79. 

Registration is valid for ten years once accepted by the state.  Va. Code Ann.§ 59.1-83.

WASHINGTON
To register a trademark in the state of Washington, complete the Washington trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  R.C.W. § 19.77.030(5). 

Washington may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  R.C.W. § 19.77.020. 

Registration is valid for six years once accepted by the state.  R.C.W. § 19.77.050.

WEST VIRGINIA
To register a trademark in the state of West Virginia, obtain a trademark application form from the Secretary of State’s office.  Return the completed application with two specimens of the mark and a $5.00 filing fee.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  W. Va. Code § 47-2-1 and § 47-2-3. 

West Virginia may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  W. Va. Code § 47-2-2. 

Registration is valid for ten years once accepted by the state.  W. Va. Code § 47-2-6.

WISCONSIN
To register a trademark in the state of Wisconsin, complete the Wisconsin trademark application form attached as part of this program.  Submit the completed application, two specimens of the mark, and the $15.00 filing fee to the Secretary of State's office.  Currently, actual use of the mark in commerce is not necessary for registration.

Wisconsin may refuse to register a trade or service mark if the mark contains certain registered beverage names or government insignia.  Wis. Stat. § 132.01(4) and § 132.01(5) . 

Registration is valid for ten years once accepted by the state.

WYOMING
To register a trademark in the state of Wyoming, complete the Wyoming trademark application form attached as part of this program.  Submit the completed application, three specimens of the mark, and the $10.00 filing fee to the Secretary of State's office.  The submitted specimen must have been actually used in commerce prior to registration, such as on a label attached to the goods.  Wyo. Stat. § 40-1-103. 

Wyoming may refuse to register a trade or service mark if the mark contains immoral, deceptive, or scandalous matter; if the mark is likely to cause confusion because it closely resembles a previously used trademark or trade name; if the mark consists of a word which is primarily used as a surname or geographical term; if it is a generic term; or if the mark is a flag or other symbol protected by statute.  Wyo. Stat. § 40-1-102. 

Registration is valid for ten years once accepted by the state.  Wyo. Stat. § 40-1-105.