FAQs
How to trademark a name in Nevada?
To trademark a name in Nevada, you need to register it with the Nevada Secretary of State if you want protection at the state level. If broader protection is needed across the U.S., you should file through the U.S. Patent and Trademark Office (USPTO). Here’s how to complete the process specifically in Nevada:
- Determine Eligibility
- Conduct a Name Search
- The Nevada Business Search database to ensure the name isn't already in use.
- Optionally, the USPTO’s TESS database for federal trademark conflicts.
- Prepare Specimens
- Complete the Application
- The owner’s name and address
- A clear description of the mark
- A description of the goods or services it represents
- The date the mark was first used in Nevada
- A specimen showing actual use
- Pay the Filing Fee
- Submit the Application
- By mail: Send the completed application and payment to the Nevada Secretary of State, Commercial Recordings Division.
- Online: Use the SilverFlume portal (www.nvsilverflume.gov) for digital submission.
- Await Processing
- Renewal
The name must be distinctive and used in commerce in Nevada. Generic or purely descriptive terms without distinctiveness generally won’t qualify.
Check for existing conflicts using:
You’ll need to provide proof of commercial use in Nevada, such as labels, packaging, marketing materials, or a website that shows the name in connection with your goods or services.
Submit the State Trademark or Service Mark Application to the Nevada Secretary of State. The application must include:
The standard fee is $100 per class of goods or services.
You can file:
Once submitted, the state will review your application. If approved, the trademark is typically valid for 5 years from the date of registration.
You must renew the trademark every 5 years to maintain protection, with proof of continued use in Nevada commerce.
Keep in mind that Nevada state trademark registration only protects your mark within Nevada. For nationwide protection, file separately with the USPTO.