How to trademark a name in North Carolina?
Securing a trademark protects your brand identity and helps prevent others from using a similar name that could confuse customers. Here’s how the process works in North Carolina:
1. Conduct a Name Search
- Check North Carolina Secretary of State's trademark database, ensuring your chosen name hasn't been registered previously by someone else already.
- Search federal trademarks more broadly via USPTO database.
2. Choose State vs. Federal Registration
- North Carolina trademark registration protects your name within the state only.
- A federal trademark offers nationwide protection.
3. Complete the Application
For a state trademark, file with the North Carolina Secretary of State:
- Submit a Trademark or Service Mark Application.
- Include three specimens showing the name’s actual use in commerce (Specimens can include labels, product packaging, invoices, business cards, or website screenshots).
- Pay a $75 filing fee per class of goods/services.
- Processing time for a North Carolina trademark is typically 3-4 weeks, although it may take longer if the application requires corrections or encounters objections.
4. Monitor and Renew
- North Carolina trademarks must be renewed every 10 years to maintain protection.
Some notes you need to know
- North Carolina only allows registration of trademarks that are already in use in commerce. The state does not accept intent-to-use applications like the USPTO does.
- Keep in mind that a state trademark does not prevent someone from registering the same or similar name at the federal level, which could ultimately override your state rights in certain situations.
Many businesses choose professional services like One IBC USA to handle trademark searches, filings, and renewals, ensuring accuracy and reducing legal risks.
