California, 2026 guide

Trademark Registration in California

Most California owners arrive the same way: you picked a name, maybe paid for a logo, and someone told you to trademark it. The first thing to know is that there are two separate things people call a California trademark, and they do not do the same job.

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One is a state registration you file with the California Secretary of State, and it protects your name inside California. The other is a federal registration you file with the U.S. Patent and Trademark Office, and it protects your name across all fifty states. That difference matters more here than almost anywhere, because so many California businesses sell far beyond their own borders: a Napa winery shipping to distributors nationwide, an apparel label in Los Angeles selling on its own site, a Bay Area software startup with customers in every state. If your customers are not confined to California, a California only registration probably is not the protection you actually want.

General information to help you decide, not legal advice. Trademark rights can depend on how and where a mark is used, the goods or services involved, prior users, and other facts.

California state vs. federal

California state
  • Files with the CA Secretary of State (Form TM-100)
  • Protects within California only
  • $70 per class
  • 5 years, renewable
  • No (R) symbol
Federal (USPTO)
  • Files with the USPTO Trademark Center
  • Protects all 50 states
  • $350 per class
  • 10 years, renewable
  • (R) symbol and federal record

Source: California Secretary of State, Trademarks and Service Marks. The state filing is done directly with the Secretary of State; Secure Mark USA files the federal application only.

Where California owners trip up

  • Assuming the LLC name is the trademark. Registering "Redwood Coffee Co., LLC" with the state is a formation step. It is not a trademark, and it will not stop a competitor from using "Redwood Coffee" on their cups.
  • Skipping the search because the .com was free. An available domain says nothing about whether the name is already trademarked. The clearance search is what saves people from filing on a name they cannot have.
  • Filing state only to save money, then outgrowing it. A business that starts selling online within a year almost always needed the federal registration from the start. Redoing it later costs more than doing it right once.
  • Waiting until there is a problem. Once a competitor is already using your name, your options narrow and get more expensive. Registration is cheap insurance next to a dispute.

What federal registration gives you

A federal registration goes through the USPTO Trademark Center (which replaced the older TEAS platform). On current USPTO data, expect roughly 4.5 months to a first action and about 10 months to registration for a clean application, longer with a refusal, an Office Action, a suspension, or an opposition. Secure Mark USA prepares and files it for you from $99 plus the USPTO fee. Start with a free trademark search or read the complete U.S. registration guide.

Source: USPTO Trademarks Dashboard; USPTO, How much does it cost.

Check your name before you file

Run a free search. If the name is clear, we file your federal application from $99 plus USPTO fees.

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California trademark questions

I registered my business name with the California Secretary of State. Am I trademarked?

No. Registering an LLC or corporation name is a formation step and does not give you trademark rights. Those are separate systems.

My competitor is in another state. Will a California trademark stop them?

A California state registration only reaches within California. To stop use in other states you need a federal USPTO registration.

Is the $70 California fee instead of the $350 USPTO fee?

They are two different registrations. $70 per class is the California state fee (Form TM-100); $350 per class is the federal fee. They protect different areas and do not replace each other.

I sell on Shopify to customers all over the U.S. State or federal?

If you are selling across state lines, federal is the registration that matches your reality. A California only registration would not cover most of your customers.

When can I use the (R) symbol?

Only after the USPTO registers your mark federally, roughly ten months for a straightforward application, sometimes longer.

Helpful resources

USPTO: Trademark Basics, How much does it cost, Trademarks Dashboard.

California: Secretary of State, Trademarks and Service Marks, California Trademark Search.

Secure Mark USA: Free trademark search, Complete U.S. registration guide.